[Rev. 9/10/2021 11:30:44 AM]
κ2021 Statutes of Nevada, Page 929κ
Assembly Bill No. 212Assemblymen Anderson, Considine, Brown-May, Flores, Yeager; Cohen, Duran, Gonzαlez, Marzola, Brittney Miller, C.H. Miller, Nguyen, Orentlicher, Peters, Thomas, Torres and Watts
CHAPTER 197
[Approved: May 29, 2021]
AN ACT relating to interpreters; revising and expanding the membership of the committee to advise the Court Administrator regarding adoption of regulations relating to the certification or registration of court interpreters for certain persons; requiring the committee to submit an annual report to the Chief Justice of the Nevada Supreme Court and the Legislature and make the report available to the public; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Chief Justice of the Nevada Supreme Court to appoint a committee to advise the Court Administrator regarding adoption of regulations relating to the certification or registration of court interpreters for persons with limited English proficiency who are witnesses, defendants and litigants. Under existing law, seven members of the committee are appointed by the Court Administrator from a list of recommendations submitted to the Chief Justice and the Court Administrator serves as ex officio chair of the committee. (NRS 1.510, 1.520, 1.530) This bill revises the qualifications of one member of the committee to allow the appointment of a person certified to act as an interpreter for a court of this State instead of only for a federal court. This bill also expands the membership of the committee to add: (1) a person certified to act as an interpreter for a court of this State in the Spanish language; and (2) a person certified or registered to act as an interpreter for a court of this State in a language other than Spanish. Finally, this bill requires the committee to submit to the Chief Justice and to the Legislature and make publicly available an annual report that contains, without limitation: (1) a summary of the activities of the committee during the immediately preceding fiscal year, including any development of recommendations for revisions to the Nevada State Court Language Access Plan adopted by the Nevada Certified Court Interpreter Program; and (2) certain statistical information concerning court interpreters.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.530 is hereby amended to read as follows:
1.530 1. The Chief Justice shall appoint, from a list of recommendations submitted to the Chief Justice by the Court Administrator, a committee to advise the Court Administrator regarding adoption of regulations pursuant to NRS 1.510 and 1.520. The committee must consist of:
(a) A district judge;
(b) A justice of the peace or municipal judge in a county whose population is less than 100,000;
(c) An administrator of a district court;
κ2021 Statutes of Nevada, Page 930 (CHAPTER 197, AB 212)κ
(d) An administrator of a justice court or municipal court in a county whose population is less than 100,000;
(e) A representative of the Nevada System of Higher Education;
(f) A representative of a nonprofit organization for persons who speak a language other than English; [and]
(g) A person certified to act as an interpreter for a court of this State or a federal court [.] ;
(h) A person certified to act as an interpreter for a court of this State in the Spanish language; and
(i) A person certified or registered to act as an interpreter for a court of this State in a language other than Spanish.
2. The Court Administrator is ex officio chair of the committee.
3. Members of the committee shall serve in that capacity without any additional compensation.
4. The committee shall submit an annual report to the Chief Justice and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature and make the annual report available to the public. The annual report must contain, without limitation:
(a) A summary of the activities of the committee during the immediately preceding fiscal year, including any development of recommendations for revisions to the Nevada State Court Language Access Plan adopted by the Nevada Certified Court Interpreter Program as established pursuant to NRS 1.510; and
(b) Statistical information concerning the usage of court interpreters, including, without limitation, information on the usage of certified and registered court interpreters and the demand for court interpreters for persons with limited English proficiency in courts of this State.
Sec. 2. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
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κ2021 Statutes of Nevada, Page 931κ
Assembly Bill No. 215Assemblymen Considine, ONeill; Anderson, Brown-May, Duran, Gonzαlez, Martinez, Torres and Yeager
CHAPTER 198
[Approved: May 29, 2021]
AN ACT relating to education; requiring the Department of Education to adopt regulations relating to the eligibility of certain persons to enroll in courses for an adult to earn a high school diploma; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing regulations, the Superintendent of Public Instruction or the State Board of Education may approve an application by a school district to operate an adult high school program. Existing regulations authorize enrollment in an adult high school program for a person who: (1) is at least 18 years of age or is eligible for participation in the statewide program of education for incarcerated persons established pursuant to existing law; (2) has not received a high school diploma; and (3) is not currently enrolled in high school. (NRS 388H.020; NAC 387.190, 388H.040) This bill requires the Department of Education to adopt regulations that require the board of trustees of a school district that offers courses for an adult to earn a high school diploma to allow enrollment in such courses by a person who has not received a high school diploma and: (1) is at least 18 years of age or is eligible for participation in the statewide program of education for incarcerated persons; or (2) is at least 17 years of age and has attended at least 4 years of high school.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
The Department shall adopt regulations that require the board of trustees of a school district that offers courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma to allow enrollment in such courses by a person who has not received a high school diploma and:
1. Is at least 18 years of age or meets the requirements for participation in the statewide program of education for incarcerated persons established pursuant to NRS 388H.020; or
2. Is at least 17 years of age and has attended at least 4 years of high school.
Sec. 2. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 932κ
Assembly Bill No. 236Assemblymen Frierson, Marzola, Nguyen, Cohen, Flores; Considine, Orentlicher and Yeager
Joint Sponsors: Senators Cannizzaro; D. Harris and Scheible
CHAPTER 199
[Approved: May 29, 2021]
AN ACT relating to the Attorney General; revising provisions governing the qualifications for the Office of Attorney General; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 19 of Article 5 of the Nevada Constitution provides for certain elected state officers, including an Attorney General, and provides for their election at the same time and places as the Governor. Under existing law, to be eligible for election to the Office of Attorney General, a person must: (1) have attained the age of 25 years at the time of such election; and (2) be a qualified elector and have been a citizen resident of this State for 2 years next preceding the election. (NRS 228.010) This bill revises the eligibility qualifications for the Office of Attorney General by increasing the minimum age required from 25 years to 30 years at the time of such election, increasing the residency requirement from 2 years to 3 years and adding a requirement that the person be a member of the State Bar of Nevada in good standing.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.010 is hereby amended to read as follows:
228.010 No person shall be eligible to the Office of Attorney General unless the person:
1. Has attained the age of [25] 30 years at the time of such election; [and]
2. Is a qualified elector and has been a citizen resident of this State for [2] 3 years next preceding the election [.] ; and
3. Is a member of the State Bar of Nevada in good standing.
Sec. 2. This act becomes effective upon passage and approval.
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κ2021 Statutes of Nevada, Page 933κ
Assembly Bill No. 245Assemblymen Flores; Considine and Thomas
CHAPTER 200
[Approved: May 29, 2021]
AN ACT relating to public affairs; authorizing certain notaries public to receive fees for performing notarial acts in addition to fees for performing document preparation services; increasing certain fees which may be charged by a notary public; increasing certain fees required to register or renew a registration to engage in the business of a document preparation service; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a notary public from performing a notarial act if the notary public will receive a fee in excess of the fee authorized for notarial acts. (NRS 240.065) Section 1 of this bill authorizes a notary public who is also registered to engage in the business of a document preparation service to perform a notarial act on a document if he or she will receive a fee for providing document preparation services in addition to the fee authorized for performing the notarial act.
Existing law authorizes a notary public to charge a fee of not more than: (1) $5.00 for taking an acknowledgement, for the first signature of each signer; (2) $2.50 for each additional signature of each signer; (3) $2.50 for administering an oath or affirmation without a signature; (4) $2.50 for a certified copy; and (5) $5.00 for a jurat, for each signature on the affidavit. (NRS 240.100) Section 1.5 of this bill increases these fees to not more than: (1) $15.00 for taking an acknowledgement, for the first signature of each signer; (2) $7.50 for each additional signature of each signer; (3) $7.50 for administering an oath or affirmation without a signature; (4) $7.50 for a certified copy; and (5) $15.00 for a jurat, for each signature on the affidavit.
Existing law authorizes a notary public to charge an additional fee for traveling to perform a notarial act of: (1) $10 per hour if the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m. and 7 p.m.; and (2) $25 per hour if the person requesting the notarial act asks the notary public to travel between the hours of 7 p.m and 6 a.m. (NRS 240.100) Section 1.5 increases these additional travel fees to $15 per hour and $30 per hour, respectively.
Existing law requires a person who wishes to engage in the business of a document preparation service to pay a nonrefundable application fee of $50. (NRS 240A.100) Section 2 of this bill increases the application fee to $100.
Existing law requires a person who wishes to renew his or her registration to engage in the business of a document preparation service to pay a renewal fee of $25 every year upon the expiration of the registration. (NRS 240A.110) Section 3 of this bill increases the renewal fee to $50.
Existing law requires the Secretary of State to account for the application fees and renewal fees for registration to engage in the business of a document preparation service separately and requires those fees, and any interest and income earned on those fees, to be used solely to pay for expenses related to administering the document preparation services program, including the cost of: (1) certain materials and advertising; and (2) any technology necessary to process and maintain registration as a document preparation service. Section 3.3 of this bill additionally authorizes those fees to be used for personnel and other operating expenses of the Office of the Secretary of State related to enforcing the provisions of law relating to document preparation services.
κ2021 Statutes of Nevada, Page 934 (CHAPTER 200, AB 245)κ
Existing law authorizes the Secretary of State to conduct or cause to be conducted an investigation of a registrant or other person for a violation of the provisions of law relating to document preparation services. If, after investigation, the Secretary of State determines that a violation has occurred, existing law authorizes the Secretary of State to take certain actions, including referring the alleged violation to the Attorney General or district attorney for the commencement of a criminal or civil action. (NRS 240A.260) Section 3.6 of this bill additionally authorizes the Secretary of State to impose a civil penalty. Section 3.6 further provides that any determination by the Secretary of State that a violation has occurred is a public record.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 240.065 is hereby amended to read as follows:
240.065 1. A notary public may not perform a notarial act if:
(a) The notary public executed or is named in the instrument acknowledged, sworn to or witnessed or attested;
(b) Except as otherwise provided in [subsection] subsections 2 [,] and 3, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act;
(c) The notary public and the person whose signature is to be acknowledged, sworn to or witnessed or attested are domestic partners; or
(d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the notary public or a relative of the notary public by marriage or consanguinity.
2. A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act.
3. A notary public who is registered to engage in the business of a document preparation service may perform a notarial act on a document if the notary public has received or will receive directly from a transaction relating to the document a fee for providing document preparation services in addition to the fee authorized pursuant to NRS 240.100 for the notarial act.
4. As used in this section, relative includes, without limitation:
(a) A spouse or domestic partner, parent, grandparent or stepparent;
(b) A natural born child, stepchild or adopted child;
(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;
(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse or domestic partner of the notary public; and
(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse or domestic partner of the notary public.
κ2021 Statutes of Nevada, Page 935 (CHAPTER 200, AB 245)κ
Sec. 1.5. NRS 240.100 is hereby amended to read as follows:
240.100 1. Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:
For taking an acknowledgment, for the first signature of each signer............... [$5.00] $15.00
For each additional signature of each signer................................................................ [2.50] 7.50
For administering an oath or affirmation...................................................................... [2.50] 7.50
For a certified copy........................................................................................................... [2.50] 7.50
For a jurat, for each signature on the affidavit........................................................... [5.00] 15.00
For performing a marriage ceremony...................................................................................... 75.00
2. All fees prescribed in this section are payable in advance, if demanded.
3. A notary public may charge an additional fee for traveling to perform a notarial act if:
(a) The person requesting the notarial act asks the notary public to travel;
(b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law;
(c) The person requesting the notarial act agrees in advance upon the hourly rate that the notary public will charge for the additional fee; and
(d) The additional fee does not exceed:
(1) If the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m. and 7 p.m., [$10] $15 per hour.
(2) If the person requesting the notarial act asks the notary public to travel between the hours of 7 p.m. and 6 a.m., [$25] $30 per hour.
Κ The notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.
4. A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:
(a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act.
(b) The notary public is unable to perform the requested notarial act as a result of the actions of the person who requested the notarial act or any other person who is necessary for the performance of the notarial act.
5. For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he or she keeps pursuant to NRS 240.120:
(a) The amount of the fee; and
(b) The date and time that the notary public began and ended such travel.
6. A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of the employment. Such a person shall not require the notary public whom the person employs to surrender to the person all or part of a fee charged by the notary public for a notarial act performed outside the scope of the employment of the notary public.
Sec. 2. NRS 240A.100 is hereby amended to read as follows:
240A.100 1. A person who wishes to engage in the business of a document preparation service must be registered by the Secretary of State pursuant to this chapter. An applicant for registration must be:
κ2021 Statutes of Nevada, Page 936 (CHAPTER 200, AB 245)κ
(a) A natural person;
(b) A citizen or legal resident of the United States or hold a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security; and
(c) At least 18 years of age.
2. The Secretary of State shall not register as a document preparation service any person:
(a) Who is suspended or has previously been disbarred from the practice of law in any jurisdiction;
(b) Whose registration as a document preparation service in this State or another state has previously been revoked for cause;
(c) Whose appointment or registration as a notary public in this State or another state has been previously revoked or suspended for cause;
(d) Who has previously been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a gross misdemeanor or a category D felony pursuant to NRS 240A.290; or
(e) Who has, within the 10 years immediately preceding the date of the application for registration as a document preparation service, been:
(1) Convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving theft, fraud or dishonesty;
(2) Convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, the unauthorized practice of law pursuant to NRS 7.285 or the corresponding statute of any other jurisdiction; or
(3) Adjudged by the final judgment of any court to have committed an act involving theft, fraud or dishonesty.
3. An application for registration as a document preparation service must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by:
(a) A nonrefundable application fee of [$50;] $100; and
(b) A cash bond or surety bond meeting the requirements of NRS 240A.120 or proof that the applicant is covered by a bond filed by a business entity pursuant to NRS 240A.123.
4. An applicant for registration must submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had a certificate or license as a document preparation service revoked or suspended in this State or any other state or territory of the United States.
5. After the investigation of the history of the applicant is completed, the Secretary of State shall issue a certificate of registration if the applicant is qualified for registration and has complied with the requirements of this section. Each certificate of registration must bear the name of the registrant and a registration number unique to that registrant. The Secretary of State shall maintain a record of the name and registration number of each registrant.
6. An application for registration as a document preparation service that is not completed within 120 days after the date on which the application was submitted must be denied. If an application is denied pursuant to this subsection, the applicant may submit a new application.
Sec. 3. NRS 240A.110 is hereby amended to read as follows:
240A.110 1. The registration of a document preparation service is valid for 1 year after the date of issuance of the certificate of registration, unless the registration is suspended or revoked. Except as otherwise provided in this section, the registration may be renewed subject to the same conditions as the initial registration.
κ2021 Statutes of Nevada, Page 937 (CHAPTER 200, AB 245)κ
in this section, the registration may be renewed subject to the same conditions as the initial registration. An application for renewal must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by:
(a) A renewal fee of [$25;] $50; and
(b) A cash bond or surety bond meeting the requirements of NRS 240A.120 or proof that the applicant is covered by a bond filed by a business entity pursuant to NRS 240A.123, unless the bond previously filed by the registrant remains on file and in effect.
2. The registration of a registrant who holds a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security must expire on the date on which that persons employment authorization expires.
3. The Secretary of State may:
(a) Conduct any investigation of a registrant that the Secretary of State deems appropriate.
(b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
4. After any investigation of the history of a registrant is completed, unless the Secretary of State elects or is required to deny renewal pursuant to this section or NRS 240A.270, the Secretary of State shall renew the registration if the registrant is qualified for registration and has complied with the requirements of this section.
Sec. 3.3. NRS 240A.115 is hereby amended to read as follows:
240A.115 The Secretary of State shall account for the fees received pursuant to NRS 240A.100 and 240A.110 separately, and use those fees, and any interest and income earned on those fees, solely to pay for expenses related to administering the document preparation services program pursuant to this chapter, including, without limitation, the cost of:
1. Materials and advertising to provide education and information about the program; [and]
2. Any technology necessary to process and maintain registration as a document preparation service [.] ; and
3. Personnel and other operating expenses of the Office of the Secretary of State related to enforcing the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 3.6. NRS 240A.260 is hereby amended to read as follows:
240A.260 1. If the Secretary of State obtains information that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person, the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.
2. If, after investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may:
(a) Serve, by certified mail addressed to the person who has committed the violation, a written order directing the person to cease and desist from the conduct constituting the violation. The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant to NRS 240A.290 [.]
κ2021 Statutes of Nevada, Page 938 (CHAPTER 200, AB 245)κ
willful violation of the order may subject the person to prosecution and criminal penalties pursuant to NRS 240A.290 [.] and civil penalties pursuant to this section and NRS 240A.280.
(b) If a registrant has committed the violation [, begin] :
(1) Begin proceedings pursuant to NRS 240A.270 to revoke or suspend the registration of the registrant [.] ; or
(2) After a hearing on the matter, impose a civil penalty of not more than $1,000 for each violation. The authority of the Secretary of State to impose a civil penalty applies regardless of whether the person is still a registrant at the time of the hearing so long as the person was a registrant at the time that he or she committed the violation.
(c) If a person engaged in the business of a document preparation service and was not a registrant at the time of the violation, after a hearing on the matter, impose a civil penalty for each violation of not more than $5,000 or the amount of economic benefit derived from the violation, whichever is greater.
(d) Refer the alleged violation to the Attorney General or a district attorney for commencement of a civil action against the person pursuant to NRS 240A.280.
[(d)] (e) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to NRS 240A.290.
[(e)] (f) Take any combination of the actions described in this subsection.
3. Any person who is aware of a violation of this chapter by a document preparation service, [or] a person applying for registration as a document preparation service [,] or a person who is engaging in the business of a document preparation service and is not registered by the Secretary of State pursuant to this chapter may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.
4. Any determination by the Secretary of State that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person and the imposition of any civil penalty by the Secretary of State pursuant to this section is a public record.
Sec. 4. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 939κ
Assembly Bill No. 249Assemblywoman Jauregui
CHAPTER 201
[Approved: May 29, 2021]
AN ACT relating to common-interest communities; prohibiting, under certain circumstances, a common-interest community from restricting the hours in which construction work may begin; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the unit-owners association of a common-interest community to adopt bylaws and authorizes an association to amend bylaws and adopt rules and regulations concerning the community. (NRS 116.3102) Section 3 of this bill prohibits the executive board and the governing documents of an association from restricting the hours in which construction may begin during the period beginning on May 1 and ending on September 30 to any hours other than those hours which are authorized by an ordinance adopted by the governing body of a county or city, if any. Section 4 of this bill makes a conforming change to indicate the placement of section 3 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the governing body of a county or city in which a common-interest community is located adopts an ordinance restricting the hours in which construction work may begin, the executive board shall not and the governing documents must not restrict the hours that construction work may begin in the common-interest community during the period beginning on May 1 and ending on September 30 to hours other than those set forth in the ordinance.
2. The provisions of subsection 1 do not preclude the executive board or the governing documents from restricting the hours that construction work may begin:
(a) If a governing body of a county or city has not adopted an ordinance restricting the hours in which construction work may begin; or
(b) During the period beginning on October 1 and ending on April 30.
Sec. 4. NRS 116.1203 is hereby amended to read as follows:
116.1203 1. Except as otherwise provided in subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.
κ2021 Statutes of Nevada, Page 940 (CHAPTER 201, AB 249)κ
3. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 3 of this act, and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.
Secs. 5 and 6. (Deleted by amendment.)
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Assembly Bill No. 254Assemblymen Frierson, Watts, Jauregui, C.H. Miller, Carlton; Bilbray-Axelrod, Brown-May, Gonzαlez, Gorelow, Martinez, Marzola, Brittney Miller, Monroe-Moreno, Orentlicher, Thomas and Torres
CHAPTER 202
[Approved: May 29, 2021]
AN ACT relating to education; prohibiting certain entities from compensating a student athlete for the use of the name, image or likeness of the student athlete; providing that a student athlete may be compensated for the use of the name, image or likeness of the student athlete by certain organizations; directing the Legislative Committee on Education to appoint a committee to conduct an interim study relating to the use of the name, image or likeness of a student athlete; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill establishes various provisions relating to student athletes at the postsecondary level. Section 5 of this bill generally prohibits an institution or a national collegiate athletic association from: (1) preventing a student athlete from being compensated for the use of the name, image or likeness of the student athlete or obtaining professional services, with certain exceptions; and (2) compensating a student athlete for the use of the name, image or likeness of the student athlete.
Section 6 of this bill authorizes a student athlete to enter into a contract with an organization other than an institution or a national collegiate athletic association that provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete. Section 6 prohibits such a contract from conflicting with a contract between the student athlete and the institution in which the student athlete is enrolled. Section 6 sets forth the responsibilities of a student athlete and the institution regarding such a contract.
Section 6.3 of this bill authorizes an institution to require a student athlete to receive education to prepare a student athlete to enter into contracts. Section 6.7 of this bill requires a student athlete to disclose any previous or existing contracts held by the student athlete that provided or provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete.
Section 8 of this bill requires the Legislative Committee on Education to appoint a committee to conduct an interim study concerning the use of the name, image and likeness of a student athlete.
Sections 2-4 of this bill define related terms. Section 7 of this bill makes a conforming change to indicate the proper placement of sections 2-4 in the Nevada Revised Statutes.
κ2021 Statutes of Nevada, Page 941 (CHAPTER 202, AB 254)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 398 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.7, inclusive, of this act.
Sec. 2. Compensation does not include, without limitation, a scholarship.
Sec. 3. Intercollegiate sport means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.
Sec. 4. Student athlete means a person who is eligible to attend an institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. The term does not include a person permanently ineligible to participate in a particular intercollegiate sport for that sport.
Sec. 5. 1. An institution shall not:
(a) Uphold or enforce any rule of a national collegiate athletic association that prevents a student athlete enrolled in the institution from being compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or a national collegiate athletic association;
(b) Except as otherwise provided by subsection 2, prevent a student athlete from being compensated for the use of the name, image or likeness of the student athlete;
(c) Compensate a prospective or current student athlete of the institution for the use of the name, image or likeness of the student athlete;
(d) Prevent a student athlete from obtaining professional services; or
(e) Alter, withhold or otherwise reduce the amount of a scholarship awarded to a student athlete solely because a student athlete is compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or a national collegiate athletic association or because the student athlete obtains professional services.
2. An institution may:
(a) Adopt a policy that imposes reasonable restrictions on a student athlete entering into a contract pursuant to section 6 of this act that provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete with an organization or person whose goods, services or mission are contrary to the mission of the institution; and
(b) Prohibit a student athlete from being compensated for the use of the name, image or likeness of the student athlete if the use of the name, image or likeness is related to official activities of the institution or intercollegiate sports at the institution.
3. A national collegiate athletic association shall not:
(a) Prevent a student athlete enrolled at an institution from participating in intercollegiate sports solely because the student athlete is compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or the national collegiate athletic association;
κ2021 Statutes of Nevada, Page 942 (CHAPTER 202, AB 254)κ
compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or the national collegiate athletic association;
(b) Prevent an institution from being a member of or participating in the activities of the national collegiate athletic association solely because a student athlete who is enrolled at the institution is compensated for the use of the name, image or likeness of the student athlete by an organization other than the institution or the national collegiate athletic association;
(c) Compensate a prospective or current student athlete of an institution for the use of the name, image or likeness of the student athlete; or
(d) Prevent a student athlete from obtaining professional services.
4. As used in this section, professional services includes, without limitation, representation regarding contracts or other legal matters, including, without limitation, representation provided by an attorney or an athlete agent registered pursuant to chapter 398A of NRS.
Sec. 6. 1. A student athlete may enter into a contract with an organization other than an institution or a national collegiate athletic association that provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete. A contract entered into pursuant to this subsection may not conflict with any provision of a contract between the student athlete and the institution in which the student athlete is enrolled.
2. A student athlete who enters into a contract pursuant to subsection 1 must disclose the contract to the institution in which the student athlete is enrolled.
3. If the institution in which the student athlete is enrolled alleges that a provision of a contract entered into pursuant to subsection 1 conflicts with a provision of a contract between the student athlete and the institution, the institution shall inform the student athlete and, if the student athlete has legal representation, the attorney of the student athlete of the alleged conflict.
Sec. 6.3. An institution may require a student athlete to take courses or receive education or training in contracts, financial literacy or any other subject the institution deems necessary to prepare a student athlete to enter into contracts.
Sec. 6.7. A prospective student athlete shall disclose any previous or existing contract held by the student athlete that provided or provides for the student athlete to be compensated for the use of the name, image or likeness of the student athlete to an institution before signing a letter of intent with the institution.
Sec. 7. NRS 398.005 is hereby amended to read as follows:
398.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 398.045, 398.055 and 398.061 and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 8. 1. The Legislative Committee on Education shall appoint a committee to conduct an interim study concerning the use of the name, image and likeness of a student athlete.
2. The interim committee must consist of:
(a) The Chancellor of the Nevada System of Higher Education, or his or her designee;
κ2021 Statutes of Nevada, Page 943 (CHAPTER 202, AB 254)κ
(b) A representative of a community college athletic association located in this State, if any;
(c) At least two student athletes enrolled in a community college, state college or university in this State;
(d) An administrator of an athletics program at a community college, state college or university in this State;
(e) A coach of an athletics program at a community college, state college or university in this State;
(f) One member appointed by the Speaker of the Assembly; and
(g) One member appointed by the Majority Leader of the Senate.
3. The Legislative Committee on Education shall appoint a Chair and Vice Chair from among the members of the interim committee.
4. The interim committee shall study and examine existing bylaws of state collegiate athletic associations and national collegiate athletic associations and state and federal laws relating to compensating a student athlete for the use of the name, image or likeness of the student athlete.
5. The Legislative Committee on Education shall submit a report of the results of the study, including any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 82nd Session of the Nevada Legislature.
6. As used in this section:
(a) National collegiate athletic association has the meaning ascribed to it in NRS 398.055.
(b) Student athlete means a person who is eligible to attend an institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. The term does not include a person permanently ineligible to participate in a particular intercollegiate sport for that sport.
Sec. 9. 1. This section and section 8 become effective upon passage and approval.
2. Sections 1 to 7, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 944κ
Assembly Bill No. 258Assemblywoman Bilbray-Axelrod
CHAPTER 203
[Approved: May 29, 2021]
AN ACT relating to libraries; revising provisions governing the duties of the trustees of consolidated library districts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the trustees of a county library district in a county whose population is 700,000 or more (currently Clark County) and the governing body of any city within that county may consolidate the city into the county library district to establish and maintain a public library. (NRS 379.0221) If such a consolidated library district is established, the board of county commissioners and the governing body of the city are each required to appoint five competent persons who are residents of the new consolidated library district to serve as trustees. The trustees may appoint an executive director for the consolidated library district who serves at the pleasure of the trustees. (NRS 379.0222) Existing law also prescribes certain powers and duties of the trustees of any consolidated, county, district, town or other public library, including, in the case of a consolidated library district, the duty to appoint an executive director. Section 1 of this bill clarifies existing law by requiring the trustees of a consolidated library district to appoint an executive director, consistent with the statutorily prescribed duties of the trustees of a consolidated library district. (NRS 379.025) In the case of a consolidated library district that serves a population of more than 1,000,000 (currently the Las Vegas-Clark County Library District), section 2 of this bill requires the trustees to: (1) establish the educational qualifications of the executive director, which may include, without limitation, holding a masters degree in library and information science; and (2) appoint, evaluate the performance of and, if necessary, dismiss an internal auditor.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 379.0222 is hereby amended to read as follows:
379.0222 1. After the consolidation of a city into a county library district, the board of county commissioners and the governing body of the city shall each appoint five competent persons who are residents of the new consolidated library district to serve as trustees.
2. The terms of office of the trustees appointed pursuant to subsection 1 are as follows:
(a) Three persons appointed by each governing body must be appointed for terms of 4 years.
(b) Two persons so appointed must be appointed for terms of 2 years.
Κ Thereafter the offices of trustees must be filled for terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive terms.
3. A vacancy in the office of trustee which occurs because of the expiration of the term must be filled by appointment for a term of 4 years. A vacancy which occurs other than by expiration of the term must be filled by appointment for the unexpired term.
κ2021 Statutes of Nevada, Page 945 (CHAPTER 203, AB 258)κ
4. The trustees are entitled to receive a salary of $40 per meeting, but not more than $80 per month, in addition to the travel and subsistence allowances in the same amounts as are provided for employees of the consolidated library district.
5. The board of county commissioners or governing body of the city, as the case may be, may remove any trustee appointed by it:
(a) For cause, as described in NRS 283.440; or
(b) Who fails, without good cause, to attend three successive meetings of the trustees.
6. The trustees [may] shall appoint an executive director for the consolidated library district who serves at the pleasure of the trustees.
Sec. 2. NRS 379.025 is hereby amended to read as follows:
379.025 1. Except as otherwise provided in subsection 2, the trustees of any consolidated, county, district, town or other public library, and their successors, shall:
(a) Establish, supervise and maintain a library.
(b) Appoint, evaluate the performance of and, if necessary, dismiss a librarian or, in the case of a consolidated library district, an executive director.
(c) In the case of a consolidated library district that serves a population of more than 1,000,000:
(1) Establish the educational qualifications of the executive director, which may include, without limitation, holding a masters degree in library and information science.
(2) Appoint, evaluate the performance of and, if necessary, dismiss an internal auditor.
(d) Hold and possess the property and effects of the library in trust for the public.
[(d)] (e) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
[(e)] (f) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
[(f)] (g) In the case of a consolidated library district:
(1) Administer any separate account established pursuant to NRS 354.603.
(2) Annually submit a budget to the board of county commissioners and governing body of the city for joint review and recommendation, which must contain detailed priorities and estimates of the amount of money necessary for the operation and management of the consolidated library district for the next succeeding year. Unless a majority of the members of the board of county commissioners and a majority of the members of the governing body of the city reject the budget within 21 days after it is submitted to them, the trustees shall cause copies of the final budget to be submitted to the board of county commissioners for attachment to the copy of the final budget for the county which is filed pursuant to NRS 354.59801, and to the governing body of the city for attachment to the copy of the final budget for the city which is filed pursuant to NRS 354.59801. If the budget is so rejected, the trustees shall resubmit a revised budget for joint review pursuant to this subparagraph.
κ2021 Statutes of Nevada, Page 946 (CHAPTER 203, AB 258)κ
(3) Submit quarterly reports to the board of county commissioners and governing body of the city concerning the budget and the programs of the library, and provide any additional information requested by either governing body as soon as is reasonably practicable after receiving the request.
[(g)] (h) In the case of a district library, administer any separate account established pursuant to NRS 354.603.
[(h)] (i) Establish bylaws and regulations for the management of the library and their own management.
[(i)] (j) Manage all the property, real and personal, of the library.
[(j)] (k) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.
[(k)] (l) Administer any trust declared or created for the library.
[(l)] (m) Maintain or defend any action in reference to the property or affairs of the library.
2. The trustees may:
(a) Make purchases and secure rooms.
(b) Authorize the merger or, subject to the limitations in NRS 379.0221, the consolidation of a town or city library with a county library district.
(c) Invest the money in the appropriate library fund in accordance with the provisions of chapter 355 of NRS.
(d) Enter into a lease or lease-purchase agreement respecting real or personal property.
(e) Convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by paragraph (d).
(f) Do all acts necessary for the orderly and efficient management and control of the library.
3. If a lease or lease-purchase agreement entered into pursuant to paragraph (d) of subsection 2 involves the construction, alteration, repair or remodeling of an improvement:
(a) Any person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.
(b) The trustees, the owner of the improvement or proposed improvement, any contractor who is awarded a contract or entered into an agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the trustees had undertaken the project or had awarded the contract.
4. The trustees shall, as a primary goal of the consolidated library district, provide the library facilities, resources and trained staff to meet the informational needs of all residents of the district.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 947κ
Assembly Bill No. 261Assemblywomen Anderson, Brittney Miller and Considine
Joint Sponsor: Senator D. Harris
CHAPTER 204
[Approved: May 29, 2021]
AN ACT relating to education; requiring the board of trustees of a school district or the governing body of a charter school to ensure that instruction is provided to certain pupils on the history and contributions of certain groups of persons; revising provisions relating to the selection of instructional materials by the State Board of Education; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for certain courses of study. (NRS 389.520) Section 1 of this bill requires the board of trustees of a school district or the governing body of a charter school to ensure that instruction is provided to pupils enrolled in kindergarten through grade 12 on the history and contributions to science, the arts and humanities of certain groups of persons. Section 1 requires such instruction to be: (1) included in the standards of content and performance established by the Council; (2) age-appropriate; and (3) included in one or more courses of study for which the Council has established relevant standards of content and performance.
Under existing law, the State Board of Education is required to make the final decision on the use of all textbooks in the public schools in this State. (NRS 389.850) Section 2 of this bill prohibits the State Board from selecting instructional materials, including, without limitation, a textbook, for use in the public schools unless the instructional materials accurately portray the history and contributions to science, the arts and humanities of the groups of persons described in section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of each school district and the governing body of each charter school shall ensure that instruction is provided to pupils enrolled in kindergarten through grade 12 in each public school within the school district or in the charter school, as applicable, on the history and contributions to science, the arts and humanities of:
(a) Native Americans and Native American tribes;
(b) Persons of marginalized sexual orientation or gender identity;
(c) Persons with disabilities;
(d) Persons from various racial and ethnic backgrounds, including, without limitation, persons who are African-American, Basque, Hispanic or Asian or Pacific Islander;
(e) Persons from various socioeconomic statuses;
(f) Immigrants or refugees;
(g) Persons from various religious backgrounds; and
κ2021 Statutes of Nevada, Page 948 (CHAPTER 204, AB 261)κ
(h) Any other group of persons the board of trustees of a school district or the governing body of a charter school deems appropriate.
2. The standards of content and performance for the instruction required by subsection 1 must be included in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520. The instruction required by subsection 1 must be:
(a) Age-appropriate; and
(b) Included within one or more courses of study for which the Council has established the relevant standards of content and performance.
Sec. 2. NRS 389.850 is hereby amended to read as follows:
389.850 1. The State Board shall make the final selection of all textbooks to be used in the public schools in this State, except for charter schools. If a textbook proposed for selection is in a subject area for which standards of content have been established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520, the State Board shall not select the textbook unless the State Board determines that the textbook adequately supports the standards for that subject area.
2. A textbook must not be selected by the State Board pursuant to subsection 1 for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds.
3. Instructional materials, including, without limitation, a textbook, must not be selected by the State Board pursuant to subsection 1 for use in the public schools unless the State Board determines that the instructional materials accurately portray the history and contributions to science, the arts and humanities of the groups of persons described in section 1 of this act.
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 949κ
Assembly Bill No. 302Assemblymen Summers-Armstrong, Gonzαlez, Monroe-Moreno, C.H. Miller; Anderson, Bilbray-Axelrod, Considine, Leavitt, Brittney Miller, Peters, Thomas and Watts
CHAPTER 205
[Approved: May 29, 2021]
AN ACT relating to legislative measures; authorizing the Nevada Commission on Minority Affairs to request the drafting of not more than 2 legislative measures for each regular session of the Legislature; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Commission on Minority Affairs and prescribes the powers and duties of the Commission, including studying matters affecting the social and economic welfare and well-being of minorities residing in this State and collecting and disseminating information on activities, programs and essential services available to minorities in this State. (NRS 232.852-232.866) Existing law further prescribes the number of legislative measures which may be requested by various departments, agencies and other entities of this State for each regular session of the Legislature. (NRS 218D.100-218D.220) This bill authorizes the Commission to request, for each regular session of the Legislature, the drafting of not more than 2 legislative measures which relate to matters within the scope of the Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:
1. For a regular session, the Nevada Commission on Minority Affairs created by NRS 232.852 may request the drafting of not more than 2 legislative measures which relate to matters within the scope of the Commission. The requests must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.
2. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.
Sec. 2. NRS 218D.100 is hereby amended to read as follows:
218D.100 1. The provisions of NRS 218D.100 to 218D.220, inclusive, and section 1 of this act apply to requests for the drafting of legislative measures for a regular session.
2. Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:
(a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, and section 1 of this act for the requester; or
(b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 1 of this act but is not in a subject related to the function of the requester.
κ2021 Statutes of Nevada, Page 950 (CHAPTER 205, AB 302)κ
3. The Legislative Counsel shall not:
(a) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.
(b) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.
________
Assembly Bill No. 304Assemblyman Frierson
CHAPTER 206
[Approved: May 29, 2021]
AN ACT relating to law enforcement; revising provisions governing the standards for programs of continuing education for peace officers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Peace Officers Standards and Training Commission and requires the Commission to adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. (NRS 289.500, 289.510) The regulations adopted by the Commission must establish, among other things, standards for programs of continuing education for peace officers, including minimum courses of study, and must require all peace officers to complete not less than 12 hours of continuing education courses annually that address: (1) racial profiling; (2) mental health; (3) officer well-being; (4) implicit bias recognition; (5) de-escalation; (6) human trafficking; and (7) firearms. (NRS 289.510) This bill expands the topic of mental health addressed in such continuing education courses to include crisis intervention.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.510 is hereby amended to read as follows:
289.510 1. The Commission:
(a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.
(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.
(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:
(1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;
(2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:
κ2021 Statutes of Nevada, Page 951 (CHAPTER 206, AB 304)κ
(I) Racial profiling;
(II) Mental health [;] , including, without limitation, crisis intervention;
(III) The well being of officers;
(IV) Implicit bias recognition;
(V) De-escalation;
(VI) Human trafficking; and
(VII) Firearms.
(3) Qualifications for instructors of peace officers; and
(4) Requirements for the certification of a course of training.
(d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.
(e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.
(f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.
(g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.680, inclusive.
(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.
(i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.
2. Regulations adopted by the Commission:
(a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;
(c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; and
(d) May require that training be carried on at institutions which it approves in those regulations.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 952κ
Assembly Bill No. 307Assemblywoman Martinez
CHAPTER 207
[Approved: May 29, 2021]
AN ACT relating to employment; requiring the preparation of informative notices by the Department of Employment, Training and Rehabilitation; requiring the Department to provide the notices to the Labor Commissioner; requiring the Labor Commissioner to require certain employers to post such notices in the workplace; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Department of Employment, Training and Rehabilitation. (NRS 232.900-232.960) Existing law also establishes the duties of the Department, which include working to support employment and economic independence for residents of this State who are disadvantaged, displaced or disabled. (NRS 232.910) Section 1 of this bill requires the Department to prepare one or more notices concerning job training or employment programs conducted by the Department and to provide each such notice to the Labor Commissioner. Section 1 further requires the Labor Commissioner to: (1) make each such notice available to each employer in private employment in this State; and (2) require each such employer to post and maintain each notice in a conspicuous location at the workplace. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall prepare one or more notices concerning job training or employment programs conducted by the Department, including, without limitation, the Career Enhancement Program and Nevada JobConnect, and provide each such notice to the Labor Commissioner.
2. The Labor Commissioner shall:
(a) Make each notice described in subsection 1 available to each employer in private employment in this State; and
(b) Require each such employer to post and maintain each such notice in a conspicuous location at the place of employment where notices to employees and applicants for employment are customarily posted and read.
Sec. 2. NRS 232.900 is hereby amended to read as follows:
232.900 As used in NRS 232.900 to 232.960, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Department means the Department of Employment, Training and Rehabilitation.
2. Director means the Director of the Department.
________
κ2021 Statutes of Nevada, Page 953κ
Assembly Bill No. 316Assemblymen ONeill, Wheeler, Dickman, Leavitt, Hardy; Anderson, Hafen, Kasama, Krasner, McArthur, Peters, Roberts, Thomas and Titus
Joint Sponsors: Senators Buck and Settelmeyer
CHAPTER 208
[Approved: May 29, 2021]
AN ACT relating to veterans; requiring the disclosure of certain information concerning certain events and services relating to benefits or entitlements for veterans; creating a cause of action for certain violations of such requirements; providing a civil penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal regulations provide for the regulation of representatives, agents, attorneys and other individuals who represent persons for claims relating to veterans benefits. (38 C.F.R. §§ 14.626 et seq.) Section 2 of this bill requires any person who advertises or promotes any event or other public gathering or services relating to benefits or entitlements for veterans, with certain exceptions, to disclose certain information, including that: (1) the event or services provided are not associated with the United States Department of Veterans Affairs or the Department of Veterans Services; and (2) the veteran may qualify for benefits other than those discussed or advertised. Section 3 of this bill requires a person who provides services to obtain benefits or entitlements for veterans, other than an attorney or agent who is accredited to provide certain assistance to veterans, to provide a written disclosure before entering into an agreement with a client for the provision of those services. Section 3 requires the Department of Veterans Services to prescribe the form for the written disclosure. Section 4 of this bill authorizes the Attorney General to collect a civil penalty of not more than $10,000 for each violation of section 2 or 3.
Existing law authorizes any person who is a victim of consumer fraud to bring a civil action. (NRS 41.600) Section 5 of this bill provides that a violation of section 2 or 3 constitutes consumer fraud, and sections 4 and 5 authorize a victim of such a violation to bring a civil action.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 4, any person who advertises or promotes any event or other public gathering relating to benefits or entitlements for veterans shall, at the beginning of the event or other public gathering, make an oral announcement and provide to each attendee a written disclosure. The oral announcement and written disclosure must be in the following form:
κ2021 Statutes of Nevada, Page 954 (CHAPTER 208, AB 316)κ
This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs or the Nevada Department of Veterans Services. You may qualify for benefits other than or in addition to the benefits discussed at this event.
2. Except as otherwise provided in subsection 4, any person who advertises or promotes services to represent or assist veterans in matters relating to benefits or entitlements for veterans, shall provide a disclosure on all materials used to advertise or promote those services in the following form:
No compensation may be received by any person advising or assisting another person with a matter relating to veterans benefits except as authorized under Title 38 of the United States Code. Veterans benefit services are offered at no cost by federally chartered veteran service organizations and accredited veteran service officers.
3. Any written disclosure made pursuant to this section must be conspicuous, appear in 10-point font or larger and appear in the same type face as the largest use of the term veteran or any similar term that appears in the advertising or promotional material containing the written disclosure.
4. The requirements of this section do not apply to:
(a) Any congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any affiliate of such an organization;
(b) Any person who has obtained written permission from the United States Department of Veterans Affairs, the Department of Veterans Services or any other organization described in paragraph (a) to use the name, symbol or insignia of the agency or organization to promote any event or other public gathering relating to benefits or entitlements for veterans;
(c) An event or other public gathering that is part of a course or program of continuing education for an attorney;
(d) The owner or personnel of any medium in which an advertisement appears or through which an advertisement is disseminated;
(e) An entity that is recognized as exempt under section 501(c)(3) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) or 26 U.S.C. § 501(c)(19); or
(f) An attorney or agent who is accredited by the United States Department of Veterans Affairs to assist veterans with filing claims for benefits and related matters.
5. As used in this section, advertise means to use any written or printed communication, directory listing or a radio, television, computer network or similar airwave or electronic transmission to solicit or promote services relating to benefits or entitlements for veterans. The terms do not include any printing or writing used on a building, uniform or badge for identification purposes or used in a memorandum or other communication in the ordinary course of business that does not solicit or promote services relating to benefits or entitlements for veterans.
κ2021 Statutes of Nevada, Page 955 (CHAPTER 208, AB 316)κ
Sec. 3. 1. Except as otherwise provided in subsection 3, any person who provides services to obtain veterans benefits in exchange for compensation shall provide written disclosure in the form prescribed pursuant to subsection 2 and obtain the signature from a client or prospective client before entering into an agreement for such services.
2. The Department shall prescribe the form for such written disclosure. The form must include, without limitation:
(a) A signature line;
(b) An attestation that the client has read and understands the written disclosure;
(c) The contact information for the Department; and
(d) A statement that services for veterans benefits are offered at no cost by service organizations that are federally chartered and veterans services officers.
3. The requirements of this section do not apply to an attorney or agent who is accredited by the United States Department of Veterans Affairs to assist veterans with filing claims for benefits and related matters.
4. As used in this section, services to obtain veterans benefits means services that a veteran or an agent of a veteran uses to obtain federal, state or other benefits or entitlements for veterans.
Sec. 4. 1. The Attorney General may recover a civil penalty of not more than $10,000 for each violation of section 2 or 3 of this act. The Attorney General shall deposit any civil penalty recovered pursuant to this section in the Gift Account for Veterans created by NRS 417.115.
2. A person aggrieved by a violation of section 2 or 3 of this act may bring an action for consumer fraud pursuant to NRS 41.600.
Sec. 5. NRS 41.600 is hereby amended to read as follows:
41.600 1. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, consumer fraud means:
(a) An unlawful act as defined in NRS 119.330;
(b) An unlawful act as defined in NRS 205.2747;
(c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;
(d) An act prohibited by NRS 482.351; [or]
(e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive [.] ; or
(f) A violation of section 2 or 3 of this act.
3. If the claimant is the prevailing party, the court shall award the claimant:
(a) Any damages that the claimant has sustained;
(b) Any equitable relief that the court deems appropriate; and
(c) The claimants costs in the action and reasonable attorneys fees.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.
Sec. 6. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 956κ
Assembly Bill No. 318Assemblywoman Marzola
CHAPTER 209
[Approved: May 29, 2021]
AN ACT relating to estates; revising provisions relating to certain declaratory relief; exempting certain fiduciaries from the requirement to provide a residential disclosure form in certain circumstances; revising provisions relating to electronic wills; establishing and revising various provisions governing the administration of estates; revising provisions concerning the distribution of small estates; revising provisions relating to the compensation of attorneys for personal representatives; revising the definition of the term independent attorney; revising provisions relating to the nomination of a guardian; authorizing a trustee to reimburse a settlor for the payment of tax on trust income or principal; revising various provisions concerning trusts and the administration of trusts; requiring that public administrators or similar persons be given certain information relating to a decedent and access to the safe deposit box of a decedent in certain circumstances; authorizing certain entities to charge a reasonable fee for providing certain information to public administrators or similar persons; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain persons to obtain declaratory relief under a deed, written contract or testamentary instrument or with respect to the administration of a trust or certain estates for certain purposes. (NRS 30.040, 30.060) Sections 1 and 2 of this bill authorize a principal or person granted authority to act for a principal under a power of attorney to obtain declaratory relief under the power of attorney.
Existing law generally requires a seller of residential property to provide a disclosure form to the purchaser of the property, but provides that such a requirement does not apply in certain circumstances. (NRS 113.130) Section 3 of this bill exempts from such a requirement certain fiduciaries who take temporary possession or control of or title to residential property solely to facilitate the sale of the property on behalf of a person who is deceased or incapacitated.
Sections 4-14 of this bill revise various provisions governing electronic wills. Section 9 of this bill revises provisions governing the revocation of an electronic will. Section 11 of this bill revises provisions relating to a qualified custodian of an electronic will ceasing to serve in that capacity and the appointment of a successor qualified custodian. Section 13 of this bill revises provisions concerning the destruction of the electronic record of an electronic will. Section 14 of this bill establishes provisions relating to the conversion of: (1) an electronic will into a certified paper original of the electronic will; and (2) an electronic revocation of a will into a certification of revocation.
Existing law authorizes the administration of an estate to be granted to one or more qualified persons not otherwise entitled to serve as an administrator if a qualified person who is entitled to serve as an administrator files a written request with the court. (NRS 139.050) Section 15 of this bill requires the requester to provide his or her current address and telephone number in the written request and provides that failure to provide such information voids the written request. Existing law requires a petition for letters of administration to include certain information. (NRS 139.090) Section 16 of this bill additionally requires such a petition to include the names and addresses of the proposed appointed administrators and any associated coadministrator.
κ2021 Statutes of Nevada, Page 957 (CHAPTER 209, AB 318)κ
coadministrator. Existing law also requires notice of the hearing on the petition to be given to the heirs of the decedent and the Director of the Department of Health and Human Services. (NRS 139.100) Section 16.5 of this bill additionally provides that if the petitioner is not the surviving spouse or certain kindred or nominated by the surviving spouse or such kindred, notice must be given to the public administrator of the county or a similar person.
Section 18 of this bill establishes the circumstances in which a person is required to accept or not accept certified letters of administration or letters testamentary and provides that a person who unlawfully refuses to accept such certified letters is subject to a court order requiring acceptance of the certified letters and liability for reasonable attorneys fees and costs incurred in an action or proceeding confirming the validity or mandating the acceptance of the certified letters. Section 18 authorizes a person, after accepting certified letters of administration or letters testamentary, to subsequently request newly certified letters after a certain period for the purpose of validating the continued authority of the personal representative.
Section 19 of this bill authorizes a person holding property of a decedent to request the presentation of only certain items as a prerequisite to transferring such property in accordance with a court order providing to whom such property is to be transferred. Section 19 requires the person to accept and comply with such a court order not later than 10 days after the presentation of all requested items unless certain circumstances exist or, if the person does not request the presentation of any items, not later than 10 days after being presented with such a court order. Section 19 provides that a person who unlawfully refuses to accept and comply with such a court order is subject to a court order requiring acceptance of the order, liability for reasonable attorneys fees and costs incurred in an action or proceeding confirming the validity of the court order and any damages resulting from the delay.
Existing law establishes provisions concerning the effect of the absence or disability of a personal representative on acts taken by one or more other personal representatives when more than one personal representative has been appointed. (NRS 143.010) Section 20 of this bill provides that if there are two personal representatives, one of whom has a conflict of interest, the acts of the other personal representative alone are valid, and if there are more than two personal representatives, the acts of a majority of the personal representatives are sufficient.
Existing law establishes provisions concerning the continuation of the operation of a decedents business by a personal representative. (NRS 143.050, 143.520) Sections 21 and 26 of this bill make various changes to such provisions.
Existing law authorizes a court to require a person to post a bond when obtaining an ex parte order that restrains a personal representative from performing certain actions, exercising any powers or discharging any duties of the office, or any other order to secure proper performance of the duties of the office. (NRS 143.165) Section 22 of this bill provides that a public administrator or similar person must not be required to post a bond for obtaining any such order.
Existing law requires the notice of a hearing on a petition filed by a personal representative for full or limited authority to administer an estate to be given to certain persons in certain circumstances. (NRS 143.345) Existing law generally requires the court to grant the authority requested unless an interested person timely objects and shows good cause why the authority should not be granted. (NRS 143.350) Section 24 of this bill requires notice to be given to the public administrator of the county or a similar person in certain circumstances, and section 25 of this bill provides that a person who receives notice is an interested person for purposes of having the ability to object to the granting of authority. Section 25 also authorizes, instead of requires, the court to grant the requested authority.
Existing law generally authorizes a personal representative who has been granted full authority to administer an estate to sell property of the estate for such a price and upon such terms and conditions as he or she determines. (NRS 143.380) Section 25.5 of this bill provides that if the personal representative determines that the sale of real property of the estate will be less than 90 percent of the appraised value: (1) all interested persons must consent in writing to the sale;
κ2021 Statutes of Nevada, Page 958 (CHAPTER 209, AB 318)κ
of this bill provides that if the personal representative determines that the sale of real property of the estate will be less than 90 percent of the appraised value: (1) all interested persons must consent in writing to the sale; and (2) the sale must be confirmed by the court.
Existing law authorizes a decedents estate to be set aside without administration if the value of the estate does not exceed $100,000. (NRS 146.070) Section 27 of this bill additionally authorizes all or part of a decedents estate to be set aside without administration if the decedents will directs that such portion be distributed to the trustee of a nontestamentary trust established by the decedent and in existence at the decedents death, and provides that the portion of the estate that is set aside is generally subject to creditors of the estate.
Existing law entitles an attorney for a personal representative to reasonable compensation for his or her services, paid from a decedents estate, and sets forth the calculation for determining the allowable compensation in certain circumstances. (NRS 150.060) Section 28 of this bill requires a court to allow the compensation of the attorney in the amount calculated.
Existing law provides that the transfer of property for less than fair market value is generally presumed to be void if the transfer is made to certain transferees, including the person who drafted the transfer instrument, and establishes the circumstances in which such a presumption does not apply, including if a transfer instrument is reviewed by an independent attorney who takes certain actions. (NRS 155.097, 155.0975) Section 29 of this bill revises the definition of the term independent attorney to include the drafting attorney representing the transferor in preparation of the transfer instrument if the drafting attorney is not otherwise disqualified from being an independent attorney.
Existing law authorizes any person requesting to nominate another person to be appointed as his or her guardian to complete a form requesting to nominate a guardian. (NRS 159.0753) Existing law also authorizes the nomination of a guardian of the estate in a power of attorney and a guardian of the person in a power of attorney for health care in certain circumstances. (NRS 162A.250, 162A.800) Section 30 of this bill revises provisions concerning a form requesting to nominate a guardian to reference the nomination of a guardian in any such power of attorney.
Section 31 of this bill allows a governing trust instrument to authorize a trustee to reimburse a settlor for all or a portion of tax on trust income or principal that is to be paid by the settlor and authorizes the trustee to pay the settlor directly or pay the appropriate taxing authority on behalf of the settlor. Section 31 also provides that the power of a trustee to make such a payment or the decision of a trustee to exercise such power in favor of the settlor must not cause the settlor to be treated as a beneficiary for the purposes of Nevada law.
Existing law authorizes a trust to be created by a declaration by the owner of property that he or she or another person holds the property as trustee. (NRS 163.002) Section 32 of this bill provides that a declaration by the owner of property that he or she or another person holds all the property of the declarant in trust is sufficient to create a trust over all the property of the declarant that is reliably identified as belonging to the declarant at the time of his or her death.
Existing law provides that: (1) a trust is irrevocable unless a right to amend or revoke the trust is expressly reserved by the settlor or granted to one or more other persons under the terms of the trust instrument; and (2) the power of appointment or power to add or remove beneficiaries, appoint, remove or replace the trustee or make administrative amendments does not make a trust revocable. (NRS 163.004) Section 33 of this bill instead provides that a trust is irrevocable unless a right to revoke the trust is expressly reserved by the settlor under the terms of the trust instrument, and that any authority, power or right granted to any person other than the settlor under the terms of the trust instrument or by law, including the power or right to amend the trust, does not render or make a trust revocable. Section 47 of this bill provides that such provisions apply to any trust created or amended before, on or after October 1, 2021.
κ2021 Statutes of Nevada, Page 959 (CHAPTER 209, AB 318)κ
Section 34 of this bill establishes the circumstances in which the custodian of an electronic trust may convert the electronic trust into a certified paper original of the electronic trust and the method by which an electronic trust may be converted into a certified paper original. Section 34 also authorizes the custodian to destroy the electronic record of the electronic trust after converting the electronic trust into a certified paper original if the custodian first takes certain actions.
Existing law generally authorizes a trustee to combine two or more trusts into a single trust or divide a trust into two or more separate trusts in certain circumstances after giving notice to certain persons. (NRS 163.025) Section 35 of this bill provides that if the terms of the trust instrument do not expressly authorize such a combination or division of trusts, the combination or division is required to be made by court order or after giving such notice.
Existing law provides that a trust instrument may grant certain powers to an investment trust adviser. (NRS 163.5557) Section 37 of this bill provides that the power to value non-publicly traded investments held in trust that are subject to the investment management authority of the investment trust adviser may also be granted to an investment trust adviser.
Existing law prohibits a creditor of a settlor from seeking to satisfy a claim against the settlor from the assets of a trust in certain circumstances unless the creditor can prove that trust property transferred by the settlor was transferred fraudulently or was otherwise wrongful as to the creditor. (NRS 163.5559) Section 38 of this bill establishes additional circumstances that generally prohibit a creditor from seeking to satisfy a claim against the settlor from the assets of the trust and provides that such a prohibition does not preclude a creditor from seeking to satisfy a claim against the settlor of a spendthrift trust if the creditor can prove by clear and convincing evidence that trust property transferred by the settlor was fraudulent as to the creditor or violates a legal obligation owed to the creditor under a contract or valid court order.
Section 39 of this bill provides that a trustee may act at the direction or with the consent of another party pursuant to the terms of a trust instrument to appoint property of one trust to another trust and revises other provisions relating to the appointment of such property. Section 39 also revises the definition of the term second trust for the purposes of the appointment of such property.
Existing law authorizes a trustee to provide notice to certain persons after a revocable trust becomes irrevocable and generally prohibits any person who is provided notice from bringing an action to contest the validity of the trust more than 120 days after notice is served. (NRS 164.021) Section 40 of this bill provides that such a prohibition exists regardless of whether a petition for the assumption of jurisdiction of a trust by a court is served upon the person after such notice is provided.
Existing law authorizes a trustee of a nontestamentary trust to provide notice to creditors after the death of the settlor, establishes forms for a claim against the settlor or the trust and requires a creditor to file a claim with the trustee within a certain period or the claim is barred. (NRS 164.025) Section 41 of this bill establishes a form for a claim against the settlor and the trust and provides that a claim filed with the trustee is presumed to be timely filed if it meets certain requirements. Section 41 also establishes provisions concerning the discovery of the existence of an additional creditor after the initial notice to creditors is provided.
Existing law provides that if a trust has an unrepresented minor or incapacitated beneficiary, the custodial parent or guardian of the estate of the minor or incapacitated beneficiary is authorized to provide representation in any judicial proceeding or nonjudicial matter pertaining to the trust. (NRS 164.038) Section 42 of this bill instead provides that any custodial parent or the guardian of the estate can provide such representation.
Section 44 of this bill requires a lender, trustee or assignee of an encumbrance against real property to provide to the Director of the Department of Health and Human Services or a public administrator or similar person a statement containing the identifying number and account balance of any encumbrance against real property on which the name of a decedent appears and authorizes a reasonable fee to be charged for providing such a statement to a public administrator or similar person.
κ2021 Statutes of Nevada, Page 960 (CHAPTER 209, AB 318)κ
which the name of a decedent appears and authorizes a reasonable fee to be charged for providing such a statement to a public administrator or similar person. Section 45 of this bill requires a financial institution to provide a public administrator or similar person with access to a safe deposit box of a decedent for the purpose of inspecting and removing any will or instructions for disposition of the remains of the decedent. Section 46 of this bill requires county health officers to include the residential addresses of all deceased persons in a written list filed with a public administrator or similar person.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 30.040 is hereby amended to read as follows:
30.040 1. Any person interested under a deed, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
2. A maker or legal representative of a maker of a will, trust or other writings constituting a testamentary instrument may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.
3. A principal or a person granted authority to act for a principal under power of attorney, whether denominated an agent, attorney-in-fact or otherwise, may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.
Sec. 2. NRS 30.060 is hereby amended to read as follows:
30.060 1. Any person interested as or through an executor, administrator, trustee, guardian , [or] other fiduciary, including, without limitation, a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust [,] or [of] the estate of a decedent, an infant, lunatic or insolvent, or in the actions taken pursuant to a power of attorney, may have a declaration of rights or legal relations in respect thereto:
(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;
(b) To direct [the executors, administrators or trustees] an executor, administrator, trustee or person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise, to do or abstain from doing any particular act in [their] his or her fiduciary capacity; or
κ2021 Statutes of Nevada, Page 961 (CHAPTER 209, AB 318)κ
(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trusts and other writings.
2. Any action for declaratory relief under this section may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.
Sec. 3. NRS 113.130 is hereby amended to read as follows:
113.130 1. Except as otherwise provided in subsection 2:
(a) At least 10 days before residential property is conveyed to a purchaser:
(1) The seller shall complete a disclosure form regarding the residential property; and
(2) The seller or the sellers agent shall serve the purchaser or the purchasers agent with the completed disclosure form.
(b) If, after service of the completed disclosure form but before conveyance of the property to the purchaser, a seller or the sellers agent discovers a new defect in the residential property that was not identified on the completed disclosure form or discovers that a defect identified on the completed disclosure form has become worse than was indicated on the form, the seller or the sellers agent shall inform the purchaser or the purchasers agent of that fact, in writing, as soon as practicable after the discovery of that fact but in no event later than the conveyance of the property to the purchaser. If the seller does not agree to repair or replace the defect, the purchaser may:
(1) Rescind the agreement to purchase the property; or
(2) Close escrow and accept the property with the defect as revealed by the seller or the sellers agent without further recourse.
2. Subsection 1 does not apply to a sale or intended sale of residential property:
(a) By foreclosure pursuant to chapter 107 of NRS.
(b) Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.
(c) Which is the first sale of a residence that was constructed by a licensed contractor.
(d) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.
(e) By a fiduciary under title 12 or 13 of NRS, including, without limitation, a personal representative, guardian, trustee or person acting under a power of attorney, who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who is deceased or incapacitated.
3. A purchaser of residential property may not waive any of the requirements of subsection 1. A seller of residential property may not require a purchaser to waive any of the requirements of subsection 1 as a condition of sale or for any other purpose.
4. If a sale or intended sale of residential property is exempted from the requirements of subsection 1 pursuant to paragraph (a) of subsection 2, the trustee and the beneficiary of the deed of trust shall, not later than at the time of the conveyance of the property to the purchaser of the residential property, or upon the request of the purchaser of the residential property, provide:
κ2021 Statutes of Nevada, Page 962 (CHAPTER 209, AB 318)κ
(a) Written notice to the purchaser of any defects in the property of which the trustee or beneficiary, respectively, is aware; and
(b) If any defects are repaired or replaced or attempted to be repaired or replaced, the contact information of any asset management company who provided asset management services for the property. The asset management company shall provide a service report to the purchaser upon request.
5. As used in this section:
(a) Seller includes, without limitation, a client as defined in NRS 645H.060.
(b) Service report has the meaning ascribed to it in NRS 645H.150.
Sec. 4. Chapter 132 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of this title, being in the presence of a testator, settlor, principal or witness includes, without limitation, being in the same location at the same time or appearing in the same location at the same time by means of audio-video communication.
2. As used in this section, audio-video communication has the meaning ascribed to it in paragraph (b) of subsection 3 of NRS 133.088.
Sec. 5. NRS 132.117 is hereby amended to read as follows:
132.117 Electronic record [means a record created, generated, sent, communicated, received or stored by electronic means.] has the meaning ascribed to it in NRS 719.090.
Sec. 6. NRS 132.118 is hereby amended to read as follows:
132.118 Electronic signature [means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.] has the meaning ascribed to it in NRS 719.100.
Sec. 7. NRS 132.119 is hereby amended to read as follows:
132.119 Electronic will means [an instrument, including, without limitation, a codicil, that is executed by a person in accordance with the requirements of NRS 133.085 and which disposes of the property of the person upon or after his or her death.] a will that is created and maintained in an electronic record.
Sec. 8. NRS 133.086 is hereby amended to read as follows:
133.086 1. An electronic will is self-proving if:
(a) The declarations or affidavits of the attesting witnesses are incorporated as part of, attached to or logically associated with the electronic will, as described in NRS 133.050;
(b) The electronic will designates a qualified custodian to maintain custody of the electronic record of the electronic will; and
(c) Before [being offered for probate or] being reduced to a certified paper original , [that is offered for probate,] the electronic will was at all times under the custody of a qualified custodian.
2. A declaration or affidavit of an attesting witness made pursuant to NRS 133.050 and an affidavit of a person made pursuant to NRS 133.340 must be accepted by a court as if made before the court.
Sec. 9. NRS 133.120 is hereby amended to read as follows:
133.120 1. A written will other than an electronic will may [only] be revoked by:
(a) Burning, tearing, cancelling or obliterating the will, with the intention of revoking it, by the testator, or by some person in the presence and at the direction of the testator;
κ2021 Statutes of Nevada, Page 963 (CHAPTER 209, AB 318)κ
(b) Another will or codicil in writing, executed as prescribed in this chapter; [or]
(c) An electronic will, executed as prescribed in this chapter [.] ; or
(d) An electronic revocation that meets the electronic requirements set forth in paragraphs (a) and (b) of subsection 1 of NRS 133.085.
2. An electronic will may [only] be revoked by:
(a) [Another] A subsequent will, codicil, electronic will or other writing, executed as prescribed in this chapter [; or] , that revokes all or part of the electronic will expressly or by inconsistency;
(b) [Cancelling, rendering unreadable] If the electronic will has been converted to a certified paper original, burning, tearing, cancelling or obliterating the [will] certified paper original, with the intention of revoking [it,] the electronic will, by [:
(1) The] the testator , or [a] by some person in the presence and at the direction of the testator; or
[(2) If the will is in the custody of a qualified custodian, the qualified custodian at the direction of a testator in an electronic will.]
(c) An electronic revocation that meets the electronic requirements set forth in paragraphs (a) and (b) of subsection 1 of NRS 133.085.
3. This section does not prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator.
Sec. 10. NRS 133.300 is hereby amended to read as follows:
133.300 1. A person must execute a written statement affirmatively agreeing to serve as the qualified custodian of an electronic will before he or she may serve in such a capacity.
2. [Except as otherwise provided in paragraph (a) of subsection 1 of NRS 133.310, a] A qualified custodian may not cease serving in such a capacity until [a successor qualified custodian executes the written statement required by subsection 1.] the requirements of NRS 133.310 have been met.
Sec. 11. NRS 133.310 is hereby amended to read as follows:
133.310 1. A qualified custodian may cease serving in such a capacity by:
(a) [If not designating a successor qualified custodian, providing to the testator:
(1) Thirty days written notice that the qualified custodian has decided to cease serving in such a capacity; and
(2)] The conversion of an electronic will into a certified paper original [of, and all records concerning, the electronic will.] in accordance with NRS 133.340;
(b) [If designating] The conversion of an electronic revocation into a certification of revocation of the electronic will in accordance with subsection 7 of NRS 133.340; or
(c) The appointment of a successor qualified custodian [:
(1) Providing] in accordance with subsection 2.
2. A successor qualified custodian may be appointed as follows:
(a) The successor qualified custodian is designated by:
(1) The testator; or
(2) Except as otherwise provided in subsection 4, the qualified custodian, by providing the testator 30 days written notice that the qualified custodian has decided to cease serving in such a capacity [to:
κ2021 Statutes of Nevada, Page 964 (CHAPTER 209, AB 318)κ
(I) The testator; and
(II) The designated] and designating the successor qualified custodian [; and
(2) Providing] ;
(b) The qualified custodian provides to the successor qualified custodian the electronic record of the electronic will and an affidavit which states:
[(I)] (1) That the qualified custodian ceasing to act in such a capacity is eligible to act as a qualified custodian in this State and is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity by another qualified custodian pursuant to this [paragraph;
(II)] subsection;
(2) That an electronic record was created at the time the testator executed the electronic will;
[(III)] (3) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created; and
[(IV)] (4) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will [.
2. For purposes of making the affidavit pursuant to subparagraph (2) of paragraph (b) of subsection 1, a qualified custodian is entitled to rely conclusively on any affidavits provided by a predecessor qualified custodian if all such affidavits are provided to the] ; and
(c) The successor qualified custodian [.] executes a written statement pursuant to subsection 1 of NRS 133.300.
3. [Subject to the provisions of NRS 133.300, if the testator designates a successor] If the qualified custodian [in a writing executed with the same formalities required for the execution] has custody of the testators electronic revocation of [an] the electronic will, [a] the qualified custodian shall [cease serving in such a capacity and] provide to the [designated] successor qualified custodian [:] the electronic record of the electronic revocation and an affidavit stating:
(a) [The] That an electronic record [; and] was created at the time the testator revoked the will;
(b) [The affidavit described in subparagraph (2) of paragraph (b) of subsection 1.] That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic revocation and has not been altered since the time it was created; and
(c) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic revocation.
4. [If] Before the expiration of the 30 days after the qualified custodian gives notice designating a successor qualified custodian pursuant to subparagraph (2) of paragraph (a) of subsection 2, if the testator designates a different successor qualified custodian , [is an entity, an affidavit of a duly authorized officer or agent of such entity constitutes the affidavit of] the successor qualified custodian [.] whom the testator designates must be the appointed successor qualified custodian.
Sec. 12. NRS 133.320 is hereby amended to read as follows:
133.320 A qualified custodian of an electronic will:
1. Must not be an heir of the testator or a beneficiary or devisee under the electronic will.
κ2021 Statutes of Nevada, Page 965 (CHAPTER 209, AB 318)κ
2. Shall consistently employ, and store electronic records of electronic wills in, a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.
3. Shall store in the electronic record of an electronic will each of the following:
(a) A photograph or other visual record of the testator and the attesting witnesses that was taken contemporaneously with the execution of the electronic will;
(b) A photocopy, photograph, facsimile or other visual record of any documentation that was taken contemporaneously with the execution of the electronic will and provides satisfactory evidence of the identities of the testator and the attesting witnesses, including, without limitation, documentation of the methods of identification used pursuant to subsection 4 of NRS 240.1655; and
(c) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed his or her electronic signature on the electronic will, as required pursuant to paragraph (b) of subsection 1 of NRS 133.085.
4. Shall provide to any court that is hearing a matter involving an electronic will which is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualifications of the qualified custodian and the policies and practices of the qualified custodian concerning the maintenance, storage and production of electronic wills.
5. For the purposes of this title, if a qualified custodian or other person is required to provide written notice to a testator, notice shall be deemed to be provided if the qualified custodian or other person delivers written notice to the last known address of the testator.
6. Except as otherwise provided by law, the requirements governing an electronic will also govern an electronic codicil and electronic revocation of a will.
Sec. 13. NRS 133.330 is hereby amended to read as follows:
133.330 1. With regard to an electronic record of an electronic will, a qualified custodian [:
(a) Shall] shall provide access to or information concerning the electronic will or the certified paper original of the electronic will only to:
[(1)] (a) The testator or another person as directed by the written instructions of the testator; and
[(2)] (b) After the death of the testator, the nominated personal representative of the testator or any interested person . [; and
(b) May,]
2. A qualified custodian may, in the absolute discretion of the qualified custodian, destroy the electronic record of an electronic will at any [time:
(1) Five or more years] of the following times:
(a) One year after [the admission] notice of entry of an order admitting any will [of the testator] to probate;
[(2) Five or more years after the revocation of the electronic will;
(3) Five or more years after]
(b) After ceasing to serve as the qualified custodian of the electronic record of the electronic will upon the appointment of a successor qualified custodian pursuant to NRS 133.310;
κ2021 Statutes of Nevada, Page 966 (CHAPTER 209, AB 318)κ
[(4) Ten or more years after the death of the testator; or
(5) One hundred and fifty years after the execution of the electronic will.
2. At]
(c) If the electronic will has been converted to a certified paper original in accordance with NRS 133.340 and the qualified custodian complies with subsection 4, after 30 days written notice to the testator;
(d) If a certification of revocation has been created in accordance with subsection 7 of NRS 133.340 and the qualified custodian complies with subsection 4, after 30 days written notice to the testator;
(e) Pursuant to the direction of a testator in a writing executed with the same formalities required for the execution of a will or an electronic will [,] ; or
(f) Upon court order authorizing the destruction of the electronic will.
3. Subject to the provisions of subsection 4, if a certification of revocation has been created pursuant to subsection 7 of NRS 133.340, a qualified custodian [shall cancel, render unreadable or obliterate] may, in the absolute discretion of the qualified custodian, destroy the electronic record [.] of an electronic revocation at any of the following times:
(a) One year after notice of entry of an order admitting any will to probate;
(b) If the requirements of subsection 3 of NRS 133.310 are met, after ceasing to serve as the qualified custodian of the electronic will upon the appointment of a successor qualified custodian pursuant to NRS 133.310;
(c) Pursuant to the direction of a testator in a writing executed with the same formalities required for the execution of a will or an electronic will;
(d) After 30 days written notice to the testator; or
(e) Upon court order authorizing the destruction of the electronic record of the electronic will.
4. Before destroying an electronic will or an electronic revocation, the qualified custodian shall make reasonable efforts to provide to the testator the electronic record of the electronic will and electronic revocation.
Sec. 14. NRS 133.340 is hereby amended to read as follows:
133.340 1. [Upon the creation of] A qualified custodian may cause an electronic will to be converted into a certified paper original of [an] the electronic will [:] under the following circumstances:
(a) [If] At the direction of the testator; or
(b) Except as otherwise provided in subsection 9, with 30 days written notice to the testator that the qualified custodian intends to convert the electronic will [has always been in the custody of a qualified custodian, the qualified custodian shall state in an] into a certified paper original.
2. An electronic will may be converted into a certified paper original by creating a tangible document that contains the following:
(a) The text of the electronic will; and
(b) An affidavit [:
(1) That the] satisfying the requirements of subsections 3, 4 and 5, as applicable.
3. A qualified custodian [is eligible to act as a] converting an electronic will into a certified paper original shall state all of the following in an affidavit:
(a) That the qualified custodian [in this State;
(2)] is not a person described in subsection 1 of NRS 133.320;
κ2021 Statutes of Nevada, Page 967 (CHAPTER 209, AB 318)κ
(b) That the qualified custodian is the qualified custodian designated by the testator in the electronic will or was designated to act in such a capacity pursuant to [paragraph (b) of] subsection [1] 2 or 4 of NRS 133.310;
[(3)] (c) That an electronic record was created at the time the testator executed the electronic will;
[(4)] (d) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic will, and has not been altered since the time it was created;
[(5)] (e) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will;
[(6)] (f) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will; and
[(7)] (g) That the records described in subsection 3 of NRS 133.320 are in the custody of the qualified custodian.
[(b)] 4. In addition to the statements required pursuant to subsection 3, a qualified custodian converting a self-proving electronic will to a certified paper original shall state all of the following in the affidavit:
(a) That the declaration or affidavits of the attesting witnesses satisfying the requirements of NRS 133.050 were created at the time the testator executed the electronic will and were incorporated as part of, attached to or logically associated with the electronic will as required pursuant to NRS 133.086;
(b) That the declarations or affidavits of the attesting witnesses have been in the possession of a qualified custodian since the execution of the electronic will and have not been altered since the time they were created;
(c) The identity of all qualified custodians who have had possession of the declarations or affidavits of the attesting witnesses since their creation; and
(d) That the certified paper original contains a true, correct and complete tangible manifestation of the original declarations or affidavits of the attesting witnesses.
5. If the electronic will has not always been under the custody of a qualified custodian, the person who discovered the electronic will [and the person who reduced] may cause the electronic will to [the] be converted into a certified paper original [shall each state in an affidavit] by creating a tangible document that contains the following [information,] :
(a) The text of the electronic will; and
(b) An affidavit that states, to the best of their knowledge:
(1) When the electronic will was created, if not indicated in the electronic will;
(2) When, how and by whom the electronic will was discovered;
(3) The identities of each person who has had access to the electronic will;
(4) The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will;
(5) Whether the electronic will has been altered since its execution; and
(6) That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.
[2.] 6. For purposes of making an affidavit pursuant to [paragraph (a) of] subsection [1,] 3, 4 or 5, the qualified custodian may rely conclusively on any affidavits delivered by a predecessor qualified custodian.
κ2021 Statutes of Nevada, Page 968 (CHAPTER 209, AB 318)κ
7. If a testator has revoked a will through an electronic record, the qualified custodian may convert the electronic revocation into a certification of revocation by creating:
(a) A certified paper original of the electronic will; and
(b) A tangible document that contains the following:
(1) The text of the electronic revocation; and
(2) An affidavit stating:
(I) That an electronic record was created at the time the testator revoked the will;
(II) That the electronic record has been in the custody of one or more qualified custodians since the execution of the electronic revocation, and has not been altered since the time it was created;
(III) The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic revocation;
(IV) That the certified paper original is a true, correct and complete tangible manifestation of the electronic revocation; and
(V) That the records described in subsection 3 of NRS 133.320 pertaining to the electronic revocation are presently in the custody of the qualified custodian.
8. A certified paper original of an electronic will satisfying the requirements of subsection 2 or 5, as applicable, may be offered for and admitted into probate in the same manner as if it were an original will. A certified paper original of an electronic will is presumed to be valid and, absent any objection, must be admitted to probate expeditiously without requiring further proof of validity.
9. Before the expiration of the 30 days after the qualified custodian gives notice to the testator of the qualified custodians intent to convert the electronic will into a certified paper original pursuant to paragraph (b) of subsection 1, if the testator objects to the conversion and designates a successor qualified custodian in accordance with NRS 133.310, the qualified custodian shall not convert the electronic will into a certified paper original and shall instead comply with paragraph (b) of subsection 2 of NRS 133.310.
Sec. 15. NRS 139.050 is hereby amended to read as follows:
139.050 Administration may be granted upon petition to one or more qualified persons, although not otherwise entitled to serve, at the written request of the person entitled, filed in the court. The qualified person making the written request must provide his or her current address and phone number in the written request. Failure to provide such information voids the written request.
Sec. 16. NRS 139.090 is hereby amended to read as follows:
139.090 1. A petition for letters of administration must be in writing, signed by the petitioner or the attorney for the petitioner and filed with the clerk of the court, and must state:
(a) The jurisdictional facts;
(b) The names and addresses of the heirs of the decedent and their relationship to the decedent, so far as known to the petitioner, and the age of any who is a minor;
(c) The character and estimated value of the property of the estate; [and]
(d) The names and personal addresses of the proposed appointed administrators and the name and personal address of any associated coadministrator under paragraph (a) of subsection 2 of NRS 139.040 or, if the coadministrator is an attorney who is licensed in this State or a banking corporation authorized to do business in this State, the business address of the coadministrator; and
κ2021 Statutes of Nevada, Page 969 (CHAPTER 209, AB 318)κ
coadministrator under paragraph (a) of subsection 2 of NRS 139.040 or, if the coadministrator is an attorney who is licensed in this State or a banking corporation authorized to do business in this State, the business address of the coadministrator; and
(e) Whether the person to be appointed as administrator has been convicted of a felony.
2. No defect of form or in the statement of jurisdictional facts actually existing voids an order appointing an administrator or any of the subsequent proceedings.
Sec. 16.5. NRS 139.100 is hereby amended to read as follows:
139.100 The clerk shall set the petition for hearing, and notice must be given to the heirs of the decedent , [and to] the Director of the Department of Health and Human Services as provided in NRS 155.020 [.] and, if the petitioner is not the surviving spouse or any kindred specified in NRS 139.040 or nominated by the surviving spouse or any such kindred, the public administrator of the county or a person employed or contracted with pursuant to NRS 253.125, as applicable. The notice must state the filing of the petition, the object and the time for hearing.
Sec. 17. Chapter 143 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 and 19 of this act.
Sec. 18. 1. Except as otherwise provided in subsection 2:
(a) A person shall either accept letters of administration or letters testamentary that have been certified within 60 days after presentation of the certified letters of administration or letters testamentary for acceptance, or request a translation or an opinion of counsel, not later than 10 days after such presentation;
(b) If a person requests a translation or an opinion of counsel, the person shall accept the certified letters of administration or letters testamentary not later than 5 days after receipt of the translation or opinion of counsel; and
(c) A person may not require an additional or different form of certified letters of administration or letters testamentary for authority granted in the letters presented.
2. A person is not required to accept certified letters of administration or letters testamentary if:
(a) The person is not otherwise required to engage in a transaction with the personal representative in the same circumstances;
(b) Engaging in a transaction with the personal representative in the same circumstances would be inconsistent with federal law;
(c) The person has actual knowledge of the termination of the personal representatives authority before the exercise of authority; or
(d) A request for a translation or an opinion of counsel is refused.
3. A person who refuses to accept certified letters of administration or letters testamentary in violation of this section is subject to:
(a) A court order mandating acceptance of the certified letters of administration or letters testamentary; and
(b) Liability for reasonable attorneys fees and costs incurred in any action or proceeding that confirms the validity of the certified letters of administration or letters testamentary or mandates acceptance of the certified letters of administration or letters testamentary.
4. After accepting certified letters of administration or letters testamentary, a person may request newly certified letters of administration or letters testamentary any time after the 6-month period following the date of the previous acceptance of certified letters of administration or letters testamentary for the purpose of validating the continued authority of the personal representative.
κ2021 Statutes of Nevada, Page 970 (CHAPTER 209, AB 318)κ
or letters testamentary any time after the 6-month period following the date of the previous acceptance of certified letters of administration or letters testamentary for the purpose of validating the continued authority of the personal representative.
Sec. 19. 1. A person holding property that is attributable to a decedent may only request the presentation of the following items before transferring such property in accordance with a court order providing to whom such property is to be transferred:
(a) A certified copy of the court order providing to whom such property is to be transferred;
(b) A certified copy of letters of administration or letters testamentary;
(c) The identification and contact information of the personal representative;
(d) Tax information, if necessary; and
(e) Documents evidencing the death of the decedent.
2. Except as otherwise provided in subsection 3, if a person holding property that is attributable to a decedent:
(a) Requests the presentation of any of the items set forth in subsection 1, the person must accept and comply with the court order providing to whom such property is to be transferred not later than 10 days after the presentation of all items requested pursuant to subsection 1.
(b) Does not request the presentation of any of the items set forth in subsection 1, the person must accept and comply with the court order providing to whom such property is to be transferred not later than 10 days after being presented with the court order.
3. A person holding property that is attributable to a decedent is not required to transfer such property if:
(a) The certification of the court order, letters of administration or letters testamentary presented is older than 180 days;
(b) The court order is inconsistent with federal law; or
(c) The person has actual knowledge that the person presenting the court order is not a personal representative of the estate of the decedent.
4. The lack of legal or actual notice of the court proceeding resulting in the issuance of the court order providing to whom property is to be transferred is not a defense to not complying with the order unless an actual dispute exists over title to the property.
5. A person who timely complies with a court order in accordance with this section shall be held harmless.
6. A person who refuses to accept and comply with a court order in violation of this section is subject to:
(a) A court order requiring acceptance of the order; and
(b) Liability for reasonable attorneys fees and costs incurred in an action or proceeding confirming the validity of the court order, and any damages resulting from the delay beginning on the day of the presentation of all items requested pursuant to subsection 1.
Sec. 20. NRS 143.010 is hereby amended to read as follows:
143.010 If there are two personal representatives, the acts of one alone are valid if the other is absent from the state, or for any cause is laboring under any legal disability [,] or conflict of interest, and if there are more than two, the acts of a majority are sufficient.
κ2021 Statutes of Nevada, Page 971 (CHAPTER 209, AB 318)κ
Sec. 21. NRS 143.050 is hereby amended to read as follows:
143.050 1. Except as otherwise provided in subsection 2, NRS 143.520 [,] or the decedents will, after notice given as provided in NRS 155.010 or in such other manner as the court directs [, the court may authorize] :
(a) Subject to the partnership agreement and the applicable provisions of chapter 87, 87A or 88 of NRS, the personal representative [to] may continue [the operation of the decedents business to such an extent and subject to such restrictions as may seem to the court to be for the best interest of the estate and any interested persons.] as a general partner in any partnership in which the decedent was a general partner at the time of death;
(b) Subject to the operating agreement and the applicable provisions of chapter 86 of NRS, the personal representative may continue as a manager or managing member in any limited-liability company in which the decedent was a manager or managing member at the time of death;
(c) The personal representative may continue operation of any of the following:
(1) An unincorporated business or joint venture in which the decedent was engaged at the time of death; or
(2) An unincorporated business or joint venture which was wholly or partly owned by the decedent at the time of death; and
(d) The personal representative may continue to exercise any shareholder, partnership or membership rights owned by the decedent at the time of death to which the personal representative has succeeded during the administration of the estate.
2. The [provisions of] court may, upon its own motion or upon the petition of an interested person, restrict the actions of the personal representative set forth in subsection 1 [do not apply to passive investments or the exercise of any shareholder or membership rights to which the personal representative has succeeded.] as the court determines to be in the best interest of the estate and any interested persons.
3. Unless specifically authorized by the will or by the court, the personal representative may not receive any separate compensation for continuing the operation of the decedents business pursuant to this section.
Sec. 22. NRS 143.165 is hereby amended to read as follows:
143.165 1. [On] Except as otherwise provided in subsection 6, on petition or ex parte application of an interested person, the court, with or without bond, may enter an ex parte order restraining a personal representative from performing specified acts of administration, disbursement or distribution, or exercising any powers or discharging any duties of the office, or enter any other order to secure proper performance of the duties of the office to be effective until further order of the court. Notwithstanding any other provision of law, if it appears to the court that the personal representative otherwise may take action that would jeopardize unreasonably the interest of the petitioner, of some other interested person or the estate, the court may enter the ex parte order. A person with whom the personal representative may transact business may be made a party to the ex parte order.
2. Any ex parte orders entered pursuant to subsection 1 must be set for hearing within 10 days after entry of the ex parte order, unless the parties otherwise agree, or on a date the court otherwise determines is in the best interest of the estate.
κ2021 Statutes of Nevada, Page 972 (CHAPTER 209, AB 318)κ
3. Notice of entry of the ex parte order entered pursuant to subsection 1 must be given by the petitioner or applicant to the personal representative and the attorney of record of the personal representative, if any, to any other party named as a party in the ex parte order and as otherwise directed by the court.
4. The court may impose a fine on an interested person who obtains an ex parte order pursuant to this section without probable cause.
5. The court may, at any time, terminate an ex parte order entered pursuant to subsection 1 on its own motion or upon petition of the personal representative if it no longer appears to the court that the personal representative otherwise may take action that would jeopardize unreasonably the interest of the petitioner, of some other interested person or the estate.
6. A public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, must not be required to post a bond for obtaining any order pursuant to this section.
Sec. 23. NRS 143.305 is hereby amended to read as follows:
143.305 As used in NRS 143.300 to 143.815, inclusive, and section 19 of this act, unless the context otherwise requires, the words and terms defined in NRS 143.310, 143.315 and 143.320 have the meanings ascribed to them in those sections.
Sec. 24. NRS 143.345 is hereby amended to read as follows:
143.345 1. If the authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, and section 19 of this act is requested in a petition for appointment of the personal representative, notice of the hearing on the petition must be given for the period and in the manner applicable to the petition for appointment.
2. Where proceedings for the administration of the estate are pending at the time a petition is filed pursuant to NRS 143.340, notice of the hearing on the petition must be given for the period and in the manner provided in NRS 155.010 to all the following persons:
(a) Each person specified in NRS 155.010;
(b) Each known heir whose interest in the estate would be affected by the petition;
(c) Each known devisee whose interest in the estate would be affected by the petition; [and]
(d) Each person named as personal representative in the will of the decedent [.] ; and
(e) The public administrator of the county or a person employed or contracted with pursuant to NRS 253.125, as applicable, if the decedent died intestate and the petitioner is not the surviving spouse or kindred under NRS 139.040, regardless of any nomination by an heir.
3. The notice of hearing of the petition for authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, and section 19 of this act, whether included in the petition for appointment or in a separate petition, must include a statement in substantially the following form:
The petition requests authority to administer the estate under the Independent Administration of Estates Act. This will avoid the need to obtain court approval for many actions taken in connection with the estate. However, before taking certain actions, the personal representative will be required to give notice to interested persons unless they have waived notice or have consented to the proposed action. Independent administration authority will be granted unless good cause is shown why it should not be.
κ2021 Statutes of Nevada, Page 973 (CHAPTER 209, AB 318)κ
Sec. 25. NRS 143.350 is hereby amended to read as follows:
143.350 1. Except as otherwise provided in subsection 2, unless an interested person , including, without limitation, a person who receives notice under NRS 143.345, objects in writing at or before the hearing to the granting of authority to administer the estate pursuant to NRS 143.300 to 143.815, inclusive, and section 19 of this act and the court determines that the interested person has shown good cause why the authority to administer the estate under those provisions should not be granted, the court [shall] may grant the requested authority.
2. If the interested person has shown good cause why only limited authority should be granted, the court [shall] may grant limited authority.
Sec. 25.5. NRS 143.380 is hereby amended to read as follows:
143.380 1. [Subject] Except as otherwise provided in subsection 4, and subject to the limitations and requirements of NRS 143.370, when the personal representative exercises the authority to sell property of the estate after being granted full authority pursuant to NRS 143.300 to 143.815, inclusive, the personal representative may sell the property at public auction or private sale, and with or without notice, for cash or on credit, for such price and upon such terms and conditions as the personal representative may determine.
2. The requirements applicable to court confirmation of sales of real property referenced in subsection 1 include, without limitation:
(a) Publication of the notice of sale;
(b) Court approval of agents and brokers commissions;
(c) The sale being not less than 90 percent of appraised value of the real property;
(d) An examination by the court into the necessity for the sale of the real property, including, without limitation, any advantage to the estate and benefit to interested persons; and
(e) The efforts of the personal representative to obtain the highest and best price for the property reasonably attainable.
3. The requirements applicable to court confirmation of sales of real property and sales of personal property do not apply to a sale pursuant to this section.
4. If the personal representative determines that the sale of real property pursuant to this section will be less than 90 percent of the appraised value of the real property:
(a) All interested persons must consent in writing to the sale before the personal representative may proceed with the sale; and
(b) The sale must be confirmed by the court pursuant to NRS 148.060.
Sec. 26. NRS 143.520 is hereby amended to read as follows:
143.520 1. Subject to the partnership agreement , [and] the applicable provisions of chapter 87 , 87A or 88 of NRS [,] and the decedents will, the personal representative who has limited authority or full authority has the power to continue as a general partner in any partnership in which the decedent was a general partner at the time of death.
2. Subject to the operating agreement, the applicable provisions of chapter 86 of NRS and the decedents will, the personal representative who has limited authority or full authority has the power to continue as a manager or managing member in any limited-liability company in which the decedent was a manager or managing member at the time of death.
κ2021 Statutes of Nevada, Page 974 (CHAPTER 209, AB 318)κ
3. The personal representative who has limited authority or full authority has the power to continue operation of any of the following:
(a) An unincorporated business or joint venture in which the decedent was engaged at the time of [the decedents] death.
(b) An unincorporated business or joint venture which was wholly or partly owned by the decedent at the time of [the decedents] death.
[3.] 4. The personal representative who has limited authority or full authority has the power to continue to exercise any shareholder, partnership or membership rights owned by the decedent at the time of death to which the personal representative has succeeded during the administration of the estate.
5. Except as otherwise provided in subsection [4,] 6, the personal representative may exercise the powers described in subsections 1 [and 2] to 4, inclusive, without giving notice of the proposed action pursuant to NRS 143.700 to 143.760, inclusive.
[4.] 6. The personal representative shall give notice of a proposed action pursuant to NRS 143.700 to 143.760, inclusive, if the personal representative continues as a general partner under subsection 1 [,] or a manager or managing member under subsection 2 or continues the operation of any unincorporated business or joint venture under subsection [2,] 3, for a period of more than 6 months after the date on which letters are first issued to a personal representative.
Sec. 27. NRS 146.070 is hereby amended to read as follows:
146.070 1. All or part of the estate of a decedent may be set aside without administration by the order of the court as follows:
(a) If the value of a decedents estate does not exceed $100,000, the estate may be set aside without administration by the order of the court [.] ; or
(b) If a decedents will directs that all or part of the decedents estate is to be distributed to the trustee of a nontestamentary trust established by the decedent and in existence at the decedents death, the portion of the estate subject to such direction may be set aside without administration. Any portion of a decedents estate set aside to the nontestamentary trust pursuant to this paragraph is subject to creditors of the estate unless the petitioner provides proof to the court that the trustee has published or mailed the requisite notice to such creditors on behalf of the nontestamentary trust and settlor pursuant to NRS 164.025.
2. Except as otherwise provided in subsection 3, the whole estate set aside pursuant to paragraph (a) of subsection 1 must be assigned and set apart in the following order:
(a) To the payment of the petitioners attorneys fees and costs incurred relative to the proceeding under this section;
(b) To the payment of funeral expenses, expenses of last illness, money owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid and creditors, if there are any;
(c) To the payment of other creditors, if any; and
(d) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession in accordance with chapter 134 of NRS.
3. If the value of the estate does not exceed $100,000 and the decedent is survived by a spouse or one or more minor children, the court must set aside the estate for the benefit of the surviving spouse or the minor child or minor children of the decedent, subject to any reduction made pursuant to subsection 4 or 5.
κ2021 Statutes of Nevada, Page 975 (CHAPTER 209, AB 318)κ
minor children of the decedent, subject to any reduction made pursuant to subsection 4 or 5. The court may allocate the entire estate to the surviving spouse, the entire amount to the minor child or minor children, or may divide the estate among the surviving spouse and minor child or minor children.
4. As to any amount set aside to or for the benefit of the surviving spouse or minor child or minor children of the decedent pursuant to subsection 3, the court must set aside the estate without the payment of creditors except as the court finds necessary to prevent a manifest injustice.
5. To prevent an injustice to creditors when there are nonprobate transfers that already benefit the surviving spouse or minor child or minor children of the decedent, the court has the discretion to reduce the amount set aside under subsection 3 to the extent that the value of the estate, when combined with the value of nonprobate transfers, as defined in NRS 111.721, from the decedent to or for the benefit of the surviving spouse or minor child or minor children of the decedent exceeds $100,000.
6. In exercising the discretion granted in this section, the court shall consider the needs and resources of the surviving spouse and minor child or minor children, including any assets received by or for the benefit of the surviving spouse or minor child or minor children from the decedent by nonprobate transfers.
7. For the purpose of this section, a nonprobate transfer from the decedent to one or more trusts or custodial accounts for the benefit of the surviving spouse or minor child or minor children shall be considered a transfer for the benefit of such spouse or minor child or minor children.
8. Proceedings taken under this section must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing:
(a) A specific description of all property in the decedents estate;
(b) A list of all known liens and encumbrances against estate property at the date of the decedents death, with a description of any that the petitioner believes may be unenforceable;
(c) An estimate of the value of the property, together with an explanation of how the estimated value was determined;
(d) A statement of the debts of the decedent so far as known to the petitioner;
(e) The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner; and
(f) If the decedent left a will, a statement concerning all evidence known to the petitioner that tends to prove that the will is valid.
9. If the petition seeks to have the estate set aside for the benefit of the decedents surviving spouse or minor child or minor children without payment to creditors, the petition must also contain:
(a) A specific description and estimated value of property passing by one or more nonprobate transfers from the decedent to the surviving spouse or minor child or minor children; or
(b) An allegation that the estimated value of the property sought to be set aside, combined with the value of all nonprobate transfers from the decedent to the surviving spouse or minor child or minor children who are seeking to receive property pursuant to this section, is less than $100,000.
κ2021 Statutes of Nevada, Page 976 (CHAPTER 209, AB 318)κ
10. When property is distributed pursuant to an order granted under this section, the court may allocate the property on a pro rata basis or a non-pro rata basis.
11. The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedents heirs and devisees and to the Director of the Department of Health and Human Services. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.
12. No court or clerks fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.
13. At the hearing on a petition under this section, the court may require such additional evidence as the court deems necessary to make the findings required under subsection 14.
14. The order granting the petition shall include:
(a) The courts finding as to the validity of any will presented;
(b) The courts finding as to the value of the estate and, if relevant for the purposes of subsection 5, the value of any property subject to nonprobate transfers;
(c) The courts determination of any property set aside under subsection 2;
(d) The courts determination of any property set aside under subsection 3, including, without limitation, the courts determination as to any reduction made pursuant to subsection 4 or 5; and
(e) The name of each distributee and the property to be distributed to the distributee.
15. As to the distribution of the share of a minor child set aside pursuant to this section, the court may direct the manner in which the money may be used for the benefit of the minor child as is deemed in the courts discretion to be in the best interests of the minor child, and the distribution of the minor childs share shall be made as permitted for the minor childs share under the terms of the decedents will or to one or more of the following:
(a) A parent of such minor child, with or without the filing of any bond;
(b) A custodian under chapter 167 of NRS; or
(c) A court-appointed guardian of the estate, with or without bond.
16. For the purposes of this section, the value of property must be the fair market value of that property, reduced by the value of all enforceable liens and encumbrances. Property values and the values of liens and encumbrances must be determined as of the date of the decedents death.
Sec. 28. NRS 150.060 is hereby amended to read as follows:
150.060 1. An attorney for a personal representative is entitled to reasonable compensation for the attorneys services, to be paid out of the decedents estate.
2. An attorney for a personal representative may be compensated based on:
(a) The applicable hourly rate of the attorney;
(b) The value of the estate accounted for by the personal representative;
(c) An agreement as set forth in subsection 4 of NRS 150.061; or
(d) Any other method preapproved by the court pursuant to a request in the initial petition for the appointment of the personal representative.
κ2021 Statutes of Nevada, Page 977 (CHAPTER 209, AB 318)κ
3. If the attorney is requesting compensation based on the hourly rate of the attorney, he or she may include, as part of that compensation for ordinary services, a charge for legal services or paralegal services performed by a person under the direction and supervision of the attorney.
4. If the attorney is requesting compensation based on the value of the estate accounted for by the personal representative, the [allowable] court shall allow compensation of the attorney for ordinary services [must be determined] as follows:
(a) For the first $100,000, at the rate of 4 percent;
(b) For the next $100,000, at the rate of 3 percent;
(c) For the next $800,000, at the rate of 2 percent;
(d) For the next $9,000,000, at the rate of 1 percent;
(e) For the next $15,000,000, at the rate of 0.5 percent; and
(f) For all amounts above $25,000,000, a reasonable amount to be determined by the court.
5. Before an attorney may receive compensation based on the value of the estate accounted for by the personal representative, the personal representative must sign a written agreement as required by subsection 8. The agreement must be prepared by the attorney and must include detailed information, concerning, without limitation:
(a) The schedule of fees to be charged by the attorney;
(b) The manner in which compensation for extraordinary services may be charged by the attorney; and
(c) The fact that the court is required to approve the compensation of the attorney pursuant to subsection 8 before the personal representative pays any such compensation to the attorney.
6. For the purposes of determining the compensation of an attorney pursuant to subsection 4, the value of the estate accounted for by the personal representative:
(a) Is the total amount of the appraisal of property in the inventory, plus:
(1) The gains over the appraisal value on sales; and
(2) The receipts, less losses from the appraisal value on sales; and
(b) Does not include encumbrances or other obligations on the property of the estate.
7. In addition to the compensation for ordinary services of an attorney set forth in this section, an attorney may also be entitled to receive compensation for extraordinary services as set forth in NRS 150.061.
8. The compensation of the attorney must be fixed by written agreement between the personal representative and the attorney, and is subject to approval by the court, after petition, notice and hearing as provided in this section. If the personal representative and the attorney fail to reach agreement, or if the attorney is also the personal representative, the amount must be determined and allowed by the court. The petition requesting approval of the compensation of the attorney must contain specific and detailed information supporting the entitlement to compensation, including:
(a) If the attorney is requesting compensation based upon the value of the estate accounted for by the personal representative, the attorney must provide the manner of calculating the compensation in the petition; and
(b) If the attorney is requesting compensation based on an hourly basis, or is requesting compensation for extraordinary services, the attorney must provide the following information to the court:
κ2021 Statutes of Nevada, Page 978 (CHAPTER 209, AB 318)κ
(1) Reference to time and hours;
(2) The nature and extent of services rendered;
(3) Claimed ordinary and extraordinary services;
(4) The complexity of the work required; and
(5) Other information considered to be relevant to a determination of entitlement.
9. The clerk shall set the petition for hearing, and the petitioner shall give notice of the petition to the personal representative if he or she is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the fee which the court will be requested to approve or allow.
10. On similar petition, notice and hearing, the court may make an allowance to an attorney for services rendered up to a certain time during the proceedings. If the attorney is requesting compensation based upon the value of the estate as accounted for by the personal representative, the court may apportion the compensation as it deems appropriate given the amount of work remaining to close the estate.
11. An heir or devisee may file objections to a petition filed pursuant to this section, and the objections must be considered at the hearing.
12. Except as otherwise provided in this subsection, an attorney for minor, absent, unborn, incapacitated or nonresident heirs is entitled to compensation primarily out of the estate of the distributee so represented by the attorney in those cases and to such extent as may be determined by the court. If the court finds that all or any part of the services performed by the attorney for the minor, absent, unborn, incapacitated or nonresident heirs was of value to the decedents entire estate as such and not of value only to those heirs, the court shall order that all or part of the attorneys fee be paid to the attorney out of the money of the decedents entire estate as a general administrative expense of the estate. The amount of these fees must be determined in the same manner as the other attorneys fees provided for in this section.
Sec. 29. NRS 155.094 is hereby amended to read as follows:
155.094 1. Independent attorney means an attorney, other than an attorney who:
[1.] (a) Is a transferee described in subsection 2 of NRS 155.097; or
[2.] (b) Served as an attorney for a person who is described in subsection 2 of NRS 155.097 at the time of the execution of the transfer instrument.
2. The term includes, without limitation, the drafting attorney representing the transferor in preparation of the transfer instrument if the drafting attorney is not a person described in paragraph (a) or (b) of subsection 1.
Sec. 30. NRS 159.0753 is hereby amended to read as follows:
159.0753 1. Any person who wishes to request to nominate another person to be appointed as his or her guardian may do so [by] :
(a) If nominating a guardian of the estate, pursuant to NRS 162A.250;
(b) If nominating a guardian of the person, pursuant to NRS 162A.800; or
(c) By completing a form requesting to nominate a guardian in accordance with this section.
κ2021 Statutes of Nevada, Page 979 (CHAPTER 209, AB 318)κ
2. A form requesting to nominate a guardian pursuant to this section must be:
(a) Signed by the person requesting to nominate a guardian;
(b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and
(c) Notarized.
3. A request to nominate a guardian pursuant to this section may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:
REQUEST TO NOMINATE GUARDIAN
I, .................... (insert your name), residing at ................... (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary. I am advising the court and all persons and entities as follows:
1. As of the date I am executing this request to nominate a guardian, I have the mental capacity to understand and execute this request.
2. This request pertains to a (circle one): (guardian of the person)/(guardian of the estate)/(guardian of the person and estate).
3. Should the need arise, I request that the court give my preference to the person(s) designated below to serve as my appointed guardian.
4. I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.
5. If .................... (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.
6. I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.
(YOU MUST DATE AND SIGN THIS DOCUMENT)
I sign my name to this document on ................. (date)
(Signature)
(YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT)
I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.
κ2021 Statutes of Nevada, Page 980 (CHAPTER 209, AB 318)κ
document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.
(Signature of first witness)
(Print name)
(Date)
(Signature of second witness)
(Print name)
(Date)
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of Nevada }
}
County of ............................................... }
On this .......... day of ..............., in the year ......., before me, .................... (insert name of notary public), personally appeared .................... (insert name of principal), .................... (insert name of first witness) and .................... (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument.
(Signature of notarial officer)
(Seal, if any)
4. The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.
5. The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.
Sec. 31. Chapter 163 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A governing trust instrument may authorize the trustee, in the sole discretion of the trustee or at the direction or with the consent of a directing trust adviser, to reimburse a settlor for all or a portion of tax on trust income or principal that is payable by the settlor under the law imposing such tax. In the sole discretion of the trustee, the trustee may pay such amount to the settlor directly or to an appropriate taxing authority on behalf of the settlor.
2. A trustee or directing trust adviser is not liable to any person in exercising such discretion to reimburse or not reimburse a settlor for tax payable by the settlor on trust income or principal pursuant to subsection 1.
3. The power of a trustee to make a payment to or for the benefit of a settlor in accordance with subsection 1 or the decision of a trustee to exercise such power in favor of the settlor must not cause the settlor to be treated as a beneficiary for purposes of the laws of this State.
κ2021 Statutes of Nevada, Page 981 (CHAPTER 209, AB 318)κ
such power in favor of the settlor must not cause the settlor to be treated as a beneficiary for purposes of the laws of this State. As used in this subsection, beneficiary has the meaning ascribed to it in NRS 163.4147.
Sec. 32. NRS 163.002 is hereby amended to read as follows:
163.002 1. Except as otherwise provided by specific statute [,] or any regulatory or contractual restrictions, a trust may be created by any of the following methods:
(a) A declaration by the owner of property that he or she or another person holds the property as trustee. In the absence of a contrary declaration by the owner of the property or of a transfer of the property to a third party and regardless of formal title to the property:
(1) Property declared to be trust property, together with all income therefrom and the reinvestment thereof, must remain trust property; and
(2) If the property declared to be trust property includes an account, contract, certificate, note, judgment, business interest, contents of a safe deposit box or other property interest that is subject to additions or contributions, all subsequent additions and contributions to the property are also trust property.
(b) A transfer of property by the owner during his or her lifetime to another person as trustee.
(c) A testamentary transfer of property by the owner to another person as trustee.
(d) An exercise of a power of appointment in trust.
(e) An enforceable promise to create a trust.
2. A declaration pursuant to paragraph (a) of subsection 1 may , but is not required, to include a schedule or list of trust assets that is signed by the owner of the property or that is incorporated by reference into a document that is signed by the owner of the property.
3. A declaration by the owner of property pursuant to paragraph (a) of subsection 1 that he or she or another person holds all the property of the declarant in trust is sufficient to create a trust over all the property of the declarant that is reliably identified through the use of extrinsic evidence as belonging to the declarant at the time of his or her death.
Sec. 33. NRS 163.004 is hereby amended to read as follows:
163.004 1. Except as otherwise provided by law, the terms of a trust instrument may expand, restrict, eliminate or otherwise vary the rights and interests of beneficiaries in any manner that is not illegal or against public policy, including, without limitation:
(a) The right to be informed of the beneficiarys interest for a period of time;
(b) The grounds for the removal of a fiduciary;
(c) The circumstances, if any, in which the fiduciary must diversify investments;
(d) A fiduciarys powers, duties, standards of care, rights of indemnification and liability to persons whose interests arise from the trust instrument; and
(e) The provisions of general applicability to trusts and trust administration.
2. A trust is irrevocable except to the extent that [a right to amend the trust or] a right to revoke the trust is expressly reserved by the settlor [or is granted to one or more other persons] under the terms of the trust instrument. [Notwithstanding the provisions of this subsection, the following powers do] Any authority, power or right granted to any person other than the settlor under the terms of the trust instrument or by law, including, without limitation, the power or right to amend the trust, does not render or make a trust revocable .
κ2021 Statutes of Nevada, Page 982 (CHAPTER 209, AB 318)κ
Any authority, power or right granted to any person other than the settlor under the terms of the trust instrument or by law, including, without limitation, the power or right to amend the trust, does not render or make a trust revocable . [:
(a) Power of appointment;
(b) Power to add or remove beneficiaries;
(c) Power to appoint, remove or replace the trustee; or
(d) Power to make administrative amendments.]
3. Nothing in this section shall be construed to:
(a) Authorize the exculpation or indemnification of a fiduciary for the fiduciarys own willful misconduct or gross negligence; or
(b) Preclude a court of competent jurisdiction from removing a fiduciary because of the fiduciarys willful misconduct or gross negligence.
4. The rule that statutes in derogation of the common law are to be strictly construed has no application to this section. This section must be liberally construed to give maximum effect to the principle of freedom of disposition and to the enforceability of trust instruments.
Sec. 34. NRS 163.0095 is hereby amended to read as follows:
163.0095 1. An electronic trust is a trust instrument that:
(a) Is created and maintained in an electronic record in such a manner that any alteration thereto is detectable;
(b) Contains the electronic signature of the settlor and the date and time thereof;
(c) Includes, without limitation, an authentication method which is attached to or logically associated with the trust instrument to identify the settlor or is electronically notarized in accordance with all applicable provisions of law;
(d) Is subject to the provisions of chapter 719 of NRS; and
(e) Meets the requirements set forth in this chapter for a valid trust.
2. Regardless of the physical location of the settlor, an electronic trust shall be deemed to be executed in this State and will be governed by the laws of this State and subject to the jurisdiction of the courts of this State if the electronic trust is:
(a) Transmitted to and maintained by a custodian designated in the trust instrument at the custodians place of business in this State or at the custodians residence in this State; or
(b) Maintained by the settlor at the settlors place of business in this State or at the settlors residence in this State, or by the trustee at the trustees place of business in this State or at the trustees residence in this State.
3. Notwithstanding the provisions of subsection 2, the validity of a notarial act performed by an electronic notary public must be determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.
4. The provisions of this section do not apply to a testamentary trust.
5. The custodian of an electronic trust may convert the electronic trust into a certified paper original of the electronic trust under the following circumstances:
(a) At the direction of the settlor or the trustee; or
(b) Except as otherwise provided in subsection 8, with 30 days written notice, delivered to the last known address of the settlor or trustee, that the custodian intends to convert the electronic trust into a certified paper original.
κ2021 Statutes of Nevada, Page 983 (CHAPTER 209, AB 318)κ
6. An electronic trust may be converted into a certified paper original by creating a tangible document that contains the following:
(a) The text of the electronic trust; and
(b) An affidavit of the custodian or an employee of the custodian stating:
(1) That the electronic record was created at the time the settlor executed the electronic trust;
(2) The identities of all custodians who have had custody of the electronic record since the execution of the electronic trust;
(3) That the certified paper original is a true, correct and complete tangible manifestation of the electronic trust; and
(4) That the electronic record of the electronic trust is presently in the custody of the custodian.
7. The custodian of an electronic trust may destroy the electronic record of the electronic trust after converting the electronic trust into a certified paper original if the custodian:
(a) Provides 30 days written notice, delivered to the last known address of the settlor or trustee, that the custodian intends to destroy the record and the settlor or trustee does not object within the 30-day period; and
(b) Makes a reasonable effort to provide the electronic record to the settlor or trustee before destroying the electronic record.
8. Before the expiration of the 30 days after the custodian gives notice to the settlor or trustee pursuant to paragraph (b) of subsection 5, if the settlor or trustee objects to the conversion of the electronic trust into a certified paper original and agrees to take custody of the electronic trust, the custodian shall not convert the electronic trust into a certified paper original and shall deliver the electronic record of the electronic trust to the settlor or trustee or to such other person as the settlor or trustee may direct.
9. As used in this section:
(a) Authentication characteristic has the meaning ascribed to it in NRS 133.085.
(b) Authentication method means a method of identification using any applicable method authorized or required by law, including, without limitation, a digital certificate using a public key or a physical device, including, without limitation, a smart card, flash drive or other type of token, an authentication characteristic or another commercially reasonable method.
(c) Certified paper original means a tangible document that contains the text of an electronic trust.
(d) Public key has the meaning ascribed to it in NRS 720.110.
Sec. 35. NRS 163.025 is hereby amended to read as follows:
163.025 1. Except as otherwise provided by the terms of the trust instrument, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts if the combination or division does not:
(a) Impair the rights of any beneficiary;
(b) Substantially affect the accomplishment of the purposes of the trust or trusts; or
(c) Violate the rule against perpetuities applicable to the trust or trusts.
2. [The] If the terms of the trust instrument do not expressly authorize the combination or division of trusts, then the combination or division of trusts must be made [only] by court order or after giving notice of the proposed action and following the procedure set forth in NRS 164.725.
κ2021 Statutes of Nevada, Page 984 (CHAPTER 209, AB 318)κ
proposed action and following the procedure set forth in NRS 164.725. The notice of the proposed action must include a summary of the anticipated tax consequences, if any, of the proposed combination or division.
Sec. 36. NRS 163.553 is hereby amended to read as follows:
163.553 As used in NRS 163.553 to 163.556, inclusive, and section 31 of this act, unless the context otherwise requires, the words and terms defined in NRS 163.5533 to 163.5547, inclusive, have the meanings ascribed to them in those sections.
Sec. 37. NRS 163.5557 is hereby amended to read as follows:
163.5557 1. An instrument may provide for the appointment of a person to act as an investment trust adviser or a distribution trust adviser with regard to investment decisions or discretionary distributions.
2. An investment trust adviser may exercise the powers provided to the investment trust adviser in the instrument in the best interests of the trust. The powers exercised by an investment trust adviser are at the sole discretion of the investment trust adviser and are binding on all other persons. The powers granted to an investment trust adviser may include, without limitation, the power to:
(a) Direct the trustee with respect to the retention, purchase, sale or encumbrance of trust property and the investment and reinvestment of principal and income of the trust.
(b) Vote proxies for securities held in trust.
(c) Select one or more investment advisers, managers or counselors, including the trustee, and delegate to such persons any of the powers of the investment trust adviser.
(d) Value non-publicly traded investments held in trust that are subject to the investment management authority of the investment trust adviser.
3. A distribution trust adviser may exercise the powers provided to the distribution trust adviser in the instrument in the best interests of the trust. The powers exercised by a distribution trust adviser are at the sole discretion of the distribution trust adviser and are binding on all other persons. Except as otherwise provided in the instrument, the distribution trust adviser shall direct the trustee with regard to all discretionary distributions to a beneficiary.
Sec. 38. NRS 163.5559 is hereby amended to read as follows:
163.5559 1. Except as otherwise provided in subsection 2, a creditor of a settlor may not seek to satisfy a claim against the settlor from the assets of a trust [if the settlors sole interest in the trust is] because of the existence of [a] :
(a) A discretionary power granted to a person other than the settlor by the terms of the trust or by operation of law or to reimburse the settlor for any tax on trust income or principal which is payable by the settlor under the law imposing such tax [.] ;
(b) A power allowing the settlor to reacquire the trust corpus by substituting other property of an equivalent value; or
(c) A power allowing the settlor to borrow trust corpus or income, directly or indirectly, without adequate interest or without adequate security.
2. The provisions of subsection 1 do not [apply to] preclude a creditor from seeking to satisfy a claim against the settlor of a spendthrift trust from trust property transferred by the settlor to the extent [a] the creditor can prove by clear and convincing evidence that the transfer was fraudulent as to that creditor pursuant to chapter 112 of NRS or [was otherwise wrongful as to] violates a legal obligation owed to that creditor under a contract or a valid court order that is legally enforceable by that creditor.
κ2021 Statutes of Nevada, Page 985 (CHAPTER 209, AB 318)κ
as to] violates a legal obligation owed to that creditor under a contract or a valid court order that is legally enforceable by that creditor.
3. For purposes of this section, a beneficiary of a trust shall be deemed to not be a settlor of a trust because of a lapse, waiver or release of the beneficiarys right to withdraw part or all of the trust property if the value of the property which could have been withdrawn by exercising the right of withdrawal in any calendar year does not, at the time of the lapse, waiver or release, exceed the greater of the amount provided in 26 U.S.C. § 2041(b)(2), 26 U.S.C. § 2503(b) or 26 U.S.C. § 2514(e), as amended, or any successor provision.
Sec. 39. NRS 163.556 is hereby amended to read as follows:
163.556 1. Except as otherwise provided in this section, unless the terms of a testamentary instrument or irrevocable trust provide otherwise, a trustee with discretion or authority to distribute trust income or principal to or for a beneficiary of the trust , whether acting in the trustees own discretion or at the direction or with the consent of another party pursuant to the terms of the trust instrument, may exercise such discretion or authority by appointing the property subject to such discretion or authority in favor of a second trust as provided in this section.
2. The second trust to which a trustee appoints property of the original trust may only have as beneficiaries one or more of the beneficiaries of the original trust:
(a) To or for whom a distribution of income or principal may be made from the original trust;
(b) To or for whom a distribution of income or principal may be made in the future from the original trust at a time or upon the happening of an event specified under the original trust; or
(c) Both paragraphs (a) and (b).
Κ For purposes of this subsection, a permissible appointee of a power of appointment exercised by a beneficiary of the second trust is not considered a beneficiary of the second trust.
3. A trustee may not appoint property of the original trust to a second trust if:
(a) Appointing the property will reduce any income interest of any income beneficiary of the original trust if the original trust is:
(1) A trust for which a marital deduction has been taken for federal or state income, gift or estate tax purposes;
(2) A trust for which a charitable deduction has been taken for federal or state income, gift or estate tax purposes; or
(3) A grantor-retained annuity trust or unitrust under 26 C.F.R. § 25.2702-3(b) and (c).
Κ As used in this paragraph, unitrust has the meaning ascribed to it in NRS 164.700.
(b) The property to be appointed is subject to a power of withdrawal which is held by a beneficiary of the original trust and may be executed at the time of the proposed appointment, unless after the exercise of such appointment, the beneficiary of the original trusts power of withdrawal is unchanged with respect to the trust property.
(c) [Property specifically allocated for one beneficiary of the original trust is no longer allocated for that beneficiary under either or both trusts, unless the beneficiary consents in writing.
κ2021 Statutes of Nevada, Page 986 (CHAPTER 209, AB 318)κ
(d)] A contribution made to the original trust qualified for a gift tax exclusion as described in section 2503(b) of the Internal Revenue Code, 26 U.S.C. § 2503(b), by reason of the application of section 2503(c) of the Internal Revenue Code, 26 U.S.C. § 2503(c), unless the second trust provides that the beneficiarys remainder interest must vest not later than the date upon which such interest would have vested under the terms of the original trust.
4. A trustee who is a beneficiary of the original trust may not exercise the authority to appoint property of the original trust to a second trust if:
(a) Under the terms of the original trust or pursuant to law governing the administration of the original trust:
(1) The trustee does not have discretion to make distributions to himself or herself;
(2) The trustees discretion to make distributions to himself or herself is limited by an ascertainable standard, and under the terms of the second trust, the trustees discretion to make distributions to himself or herself is not limited by the same ascertainable standard; or
(3) The trustees discretion to make distributions to himself or herself can only be exercised with the consent of a cotrustee or a person holding an adverse interest and under the terms of the second trust the trustees discretion to make distributions to himself or herself is not limited by an ascertainable standard and may be exercised without consent; or
(b) Under the terms of the original trust or pursuant to law governing the administration of the original trust, the trustee of the original trust does not have discretion to make distributions that will discharge the trustees legal support obligations but under the second trust the trustees discretion is not limited.
5. Notwithstanding the provisions of subsection 1, a trustee who may be removed by the beneficiary or beneficiaries of the original trust and replaced with a trustee that is related to or subordinate, as described in section 672 of the Internal Revenue Code, 26 U.S.C. § 672(c), to a beneficiary, may not exercise the authority to appoint property of the original trust to a second trust to the extent that the exercise of the authority by such trustee would have the effect of increasing the distributions that can be made from the second trust to such beneficiary or group of beneficiaries that held the power to remove the trustee of the original trust and replace such trustee with a related or subordinate person, unless the distributions that may be made from the second trust to such beneficiary or group of beneficiaries described in paragraph (a) of subsection 4 are limited by an ascertainable standard.
6. The provisions of subsections 4 and 5 do not prohibit a trustee who is not a beneficiary of the original trust or who may not be removed by the beneficiary or beneficiaries and replaced with a trustee that is related to or subordinate to a beneficiary from exercising the authority to appoint property of the original trust to a second trust pursuant to the provisions of subsection 1.
7. Before appointing property pursuant to subsection 1, a trustee may give notice of a proposed action pursuant to NRS 164.725 or may petition a court for approval pursuant to NRS 153.031, 164.015 or 164.725. Any notice of a proposed action or a petition for a courts approval must include the trustees opinion of how the appointment of property will affect the trustees compensation and the administration of other trust expenses.
8. The trust instrument of the second trust may:
κ2021 Statutes of Nevada, Page 987 (CHAPTER 209, AB 318)κ
(a) Grant a general or limited power of appointment to one or more of the beneficiaries of the second trust who are beneficiaries of the original trust.
(b) Provide that, at a time or occurrence of an event specified in the trust instrument, the remaining trust assets in the second trust must be held for the beneficiaries of the original trust upon terms and conditions that are substantially identical to the terms and conditions of the original trust.
9. The power to appoint the property of the original trust pursuant to subsection 1 must be exercised by a writing, signed by the trustee and filed with the records of the trust.
10. The exercise of the power to invade principal of the original trust pursuant to subsection 1 is considered the exercise of a power of appointment, other than power to appoint the property to the trustee, the trustees creditors, the trustees estate or the creditors of the trustees estate and the provisions of NRS 111.1031 apply to such power of appointment.
11. The provisions of this section do not abridge the right of any trustee who has the power to appoint property which arises under any other law [.] or under the terms of the original trust.
12. The provisions of this section do not impose upon a trustee a duty to exercise the power to appoint property pursuant to subsection 1.
13. The power to appoint property to another trust pursuant to subsection 1 is not a power to amend the trust and a trustee is not prohibited from appointing property to another trust pursuant to subsection 1 if the original trust is irrevocable or provides that it may not be amended.
14. A trustees power to appoint property to another trust pursuant to subsection 1 is not limited by the existence of a spendthrift provision in the original trust.
15. A trustee exercising any power granted pursuant to this section may designate himself or herself or any other person permitted to act as a trustee as the trustee of the second trust.
16. The trustee of a second trust, resulting from the exercise of the power to appoint property to another trust pursuant to subsection 1, may also exercise the powers granted pursuant to this section with respect to the second trust.
17. [This] Except as otherwise provided under the terms of the trust, the power of a trustee to appoint property to another trust is in addition to any other powers conferred by the terms of the trust or under the laws of this State. This section does not expand, restrict, eliminate or otherwise alter any power that, with respect to a trust, a person holds in a nonfiduciary capacity.
18. The power of a trustee to appoint property to another trust is an administrative act under this section and, therefore, regardless of whether a trust applies the laws of this State for construction or validity issues, this section applies to a trust that is governed by, sitused in or administered under the laws of this State, whether the trust is initially governed by, sitused in or administered under the laws of this State pursuant to the terms of the trust instrument or whether the governing law, situs or administration of the trust is moved to this State from another state or foreign jurisdiction.
[18.] 19. The power to appoint property to a second trust pursuant to this section may be exercised to appoint property to a second trust that is a special needs trust, pooled trust or third-party trust.
[19.] 20. As used in this section:
(a) Ascertainable standard means a standard relating to a persons health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.
κ2021 Statutes of Nevada, Page 988 (CHAPTER 209, AB 318)κ
section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.
(b) Pooled trust means a trust described in 42 U.S.C. § 1396p(d)(4)(C) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance.
(c) Second trust means an irrevocable trust that receives trust income or principal appointed by the trustee of the original trust, and may be established by any person, including, without limitation, a new trust created by the trustee, acting in that capacity, of the original trust. If the trustee of the original trust establishes the second trust, then for purposes of creating the new second trust, the requirement of NRS 163.008 that the instrument be signed by the settlor shall be deemed to be satisfied by the signature of the trustee of the original trust. The second trust may be a trust created under [:
(1) The] the original trust instrument, as modified after an appointment of property made pursuant to this section , [;] or
[(2) A] a different trust instrument. If the second trust is created under the original trust instrument, as modified after an appointment of property made pursuant to this section, and is therefore the modified original trust, a trustee may exercise the power to appoint the trust property from the original trust to the second trust without an actual distribution of the property subject to the appointment.
(d) Special needs trust means a trust under 42 U.S.C. § 1396p(d)(4)(A) that meets the requirements for such a trust under any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid or other needs-based public assistance.
(e) Third-party trust means a trust that is:
(1) Established by a third party with the assets of the third party to provide for the supplemental needs of a person who is eligible for needs-based public assistance at or after the time of the creation of the trust; and
(2) Exempt from the provisions of any law or regulation of this State relating to the treatment of trusts for purposes of eligibility for Medicaid.
Sec. 40. NRS 164.021 is hereby amended to read as follows:
164.021 1. When a revocable trust becomes irrevocable because of the death of a settlor or by the express terms of the trust, the trustee may, after the trust becomes irrevocable, provide notice to any beneficiary of the irrevocable trust, any heir of the settlor or to any other interested person.
2. The notice provided by the trustee must contain:
(a) The identity of the settlor of the trust and the date of execution of the trust instrument;
(b) The name, mailing address and telephone number of any trustee of the trust;
(c) Any provision of the trust instrument which pertains to the beneficiary or notice that the heir or interested person is not a beneficiary under the trust;
(d) Any information required to be included in the notice expressly provided by the trust instrument; and
(e) A statement set forth in a separate paragraph, in 12-point boldface type or an equivalent type which states: You may not bring an action to contest the trust more than 120 days from the date this notice is [served upon] provided to you.
κ2021 Statutes of Nevada, Page 989 (CHAPTER 209, AB 318)κ
3. The trustee shall [serve the] cause notice pursuant to this section to be provided in accordance with the provisions of NRS 155.010.
4. No person upon whom notice is [served] provided pursuant to this section may bring an action to contest the validity of the trust more than 120 days from the date the notice pursuant to this section is provided, regardless of whether a petition under NRS 164.010 is subsequently served upon the person [,] after the notice is provided, unless the person proves that he or she [did] was not [receive actual] provided notice [.] in accordance with this section.
Sec. 41. NRS 164.025 is hereby amended to read as follows:
164.025 1. [The] Regardless of the filing of a petition under NRS 164.010, the trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to known or readily ascertainable creditors.
2. The notice must be in substantially the following form:
(a) For a claim against the settlor:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the settlor must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated....................................
...................................................................
Trustee
...................................................................
Address
(b) For a claim against the trust:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the trust estate must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated....................................
...................................................................
Trustee
...................................................................
Address
κ2021 Statutes of Nevada, Page 990 (CHAPTER 209, AB 318)κ
(c) For a claim against the settlor and the trust:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the ................ trust. ................, the settlor of that trust died on ................. A creditor having a claim against the settlor and against the trust estate must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated....................................
...................................................................
Trustee
...................................................................
Address
3. [A] Except as otherwise provided in subsection 4, a person having a claim, due or to become due, against a settlor or the trust, as applicable, must file the claim with the trustee within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors. A claim filed within the applicable period is presumed timely filed if it contains on the first page of the claim a title stating it is a Claim Pursuant to NRS 164.025 in a minimum 12-point bold type and it is mailed to the trustee at the address set forth in the notice with a return receipt or the creditor obtains written confirmation of receipt signed by the trustee or trustees counsel. Any claim against a settlor or the trust estate, as applicable, that is not timely filed [within that time] is forever barred. After the expiration of the time to file a claim as provided in this [section,] subsection or, if applicable, subsection 4, the trustee may distribute the assets of the trust to its beneficiaries without personal liability for any claim which has not been timely filed with the trustee. A claim not complying with the requirements of this subsection is rebuttably presumed to be untimely.
4. Notwithstanding the provisions of subsection 3, if the existence of an additional creditor who was not known or readily ascertainable at the time of the first publication of the notice to creditors is discovered by the trustee before the last day that creditors who were provided such notice may file a claim with the trustee pursuant to subsection 3, the trustee shall immediately mail a copy of the notice to the additional creditor, who must file a claim with the trustee in accordance with the provisions of subsection 3 within the applicable time period set forth in subsection 3 or 30 days from the date the trustee mailed such subsequent notice to the creditor, whichever is later.
5. If the trustee knows or has reason to believe that the settlor received public assistance during the lifetime of the settlor, the trustee shall, whether or not the trustee gives notice to other creditors, give notice within 30 days after the death to the Department of Health and Human Services in the manner provided in NRS 155.010. If notice to the Department is required by this subsection but is not given, the trust estate and any assets transferred to a beneficiary remain subject to the right of the Department to recover public assistance received.
[5.] 6. If a claim is rejected by the trustee, in whole or in part, the trustee must, within 10 days after the rejection, notify the claimant of the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant.
κ2021 Statutes of Nevada, Page 991 (CHAPTER 209, AB 318)κ
the rejection by written notice forwarded by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the trustee within 60 days after the notice is given, whether the claim is due or not, or the claim is barred forever and the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor whose claim is barred forever.
[6.] 7. As used in this section, nontestamentary trust has the meaning ascribed to it in NRS 163.0016.
Sec. 42. NRS 164.038 is hereby amended to read as follows:
164.038 1. Unless otherwise represented by counsel, a minor, incapacitated person, unborn person or person whose identity or location is unknown and not reasonably ascertainable may be represented by another person who has a substantially similar interest with respect to the question or dispute.
2. A person may only be represented by another person pursuant to subsection 1 if there is no material conflict of interest between the person and the representative with respect to the question or dispute for which the person is being represented. If a person is represented pursuant to subsection 1, the results of that representation in the question or dispute will be binding on the person.
3. A presumptive remainder beneficiary may represent and bind a beneficiary with a contingent remainder for the same purpose, in the same circumstance and to the same extent as an ascertainable beneficiary may bind a minor, incapacitated person, unborn person or person who cannot be ascertained.
4. A powerholder may represent and bind a person who is a permissible appointee or taker in default of appointment.
5. If a trust has a minor or incapacitated beneficiary who may not be represented by another person pursuant to this section, [the] a custodial parent or the guardian of the estate of the minor or incapacitated beneficiary may represent the minor or incapacitated beneficiary in any judicial proceeding or nonjudicial matter pertaining to the trust. A minor or incapacitated beneficiary may only be represented by a parent or guardian if there is no material conflict of interest between the minor or incapacitated beneficiary and the parent or guardian with respect to the question or dispute. If a minor or incapacitated beneficiary is represented pursuant to this subsection, the results of that representation will be binding on the minor or incapacitated beneficiary. The representation of a minor or incapacitated beneficiary pursuant to this subsection is binding on an unborn person or a person who cannot be ascertained if:
(a) The unborn person or a person who cannot be ascertained has an interest substantially similar to the minor or incapacitated person; and
(b) There is no material conflict of interest between the unborn person or a person who cannot be ascertained and the minor or incapacitated person with respect to the question or dispute.
6. As used in this section:
(a) Permissible appointee has the meaning ascribed to it in NRS 162B.065.
(b) Powerholder has the meaning ascribed to it in NRS 162B.080.
(c) Presumptive remainder beneficiary means:
(1) A beneficiary who would receive income or principal of the trust if the trust were to terminate as of that date, regardless of the exercise of a power of appointment; or
κ2021 Statutes of Nevada, Page 992 (CHAPTER 209, AB 318)κ
(2) A beneficiary who, if the trust does not provide for termination, would receive or be eligible to receive distributions of income or principal of the trust if all beneficiaries of the trust who were receiving or eligible to receive distributions were deceased.
(d) Taker in default of appointment has the meaning ascribed to it in NRS 162B.095.
Sec. 43. Chapter 239A of NRS is hereby amended by adding thereto the provisions set forth as sections 44 and 45 of this act.
Sec. 44. Upon presentation of a death certificate, affidavit of death or other proof of death, a lender, trustee or assignee of an encumbrance against real property shall provide the Director of the Department of Health and Human Services or a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, with a statement which sets forth the identifying number and account balance of any encumbrance against real property on which the name of the deceased person appears. A lender, trustee or assignee may charge a reasonable fee, not to exceed $2, to provide a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, with a statement pursuant to the provisions of this section.
Sec. 45. Upon presentation of a death certificate, affidavit of death or other proof of death, a financial institution shall provide a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, with access to a safe deposit box rented in the sole name of the decedent, or jointly owned with a predeceased person for whom proof of death has been provided, for the purpose of the inspection and removal of any will or instructions for disposition of the remains of the decedent. The estate of the decedent is responsible for any costs and expenses incurred by drilling or forcing open a safe deposit box.
Sec. 46. NRS 440.250 is hereby amended to read as follows:
440.250 1. Not later than the fifth day of each month, deputy county health officers shall file with the county health officer all original birth and death certificates executed by them.
2. Within 5 days after receipt of the original death certificates, the county health officer shall file with the public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, a written list of the names , [and] social security numbers and residential addresses of all deceased persons and the names of their next of kin as those names appear on the certificates.
Sec. 47. 1. The amendatory provisions of section 4 of this act apply to any power of attorney, will or other estate planning document that is executed on or after January 1, 2020.
2. The amendatory provisions of section 33 of this act apply to any trust created or amended before, on or after October 1, 2021.
________
κ2021 Statutes of Nevada, Page 993κ
Assembly Bill No. 414Assemblyman ONeill
CHAPTER 210
[Approved: May 29, 2021]
AN ACT relating to real property; revising the exemption from real property transfer taxes for the conveyance of real property under a deed which becomes effective upon the death of the grantor; revising provisions governing the enforcement of claims against real property transferred pursuant to a deed upon death; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a person to create a deed that transfers his or her real property to a beneficiary or multiple beneficiaries pursuant to a deed that becomes effective upon the persons death and refers to such a deed as a deed upon death. (NRS 111.661, 111.669) Under existing law, upon the death of the last grantor of a deed upon death, a declaration of the value of the real property being transferred and a copy of the death certificate must be attached to a Death of Grantor Affidavit and recorded in the office of the county recorder in which the deed upon death was recorded. (NRS 111.699) Existing law exempts from taxes on the transfer of real property any conveyance of real property by a deed upon death. (NRS 375.090) Section 1 of this bill provides that upon the recording of the Death of Grantor Affidavit in the office of the county recorder upon the death of the grantor, the conveyance of real property is also exempt from taxes imposed on the transfer of real property. Sections 3 and 6 of this bill provide that this exemption applies to any Death of Grantor Affidavit recorded in the office of a county recorder on or after the passage and approval of this bill.
Under existing law, if the probate estate of the grantor of a deed upon death is insufficient to satisfy certain claims or allowances against the estate, the estate is authorized to enforce the liability for the claim or allowance against the property transferred pursuant to the deed upon death. Existing law requires a proceeding to enforce this liability to be commenced not later than 18 months after the death of the grantor. (NRS 111.689) Sections 2 and 4 of this bill remove this limitation and establish a procedure for claims to be made against property transferred pursuant to a deed upon death if the grantor of the deed upon death dies on or after July 1, 2021. Under section 2, the beneficiary or beneficiaries under a deed upon death are required to provide certain notice of the death of the grantor of the deed upon death, including to, among others, the Department of Health and Human Services, and a person or entity who has a claim against the grantor or his or her probate estate is required to file the claim with the beneficiary or beneficiaries within 90 days after the notice is provided. If a claim is not filed within 90 days after the notice is provided, any claim against the grantor or his or her probate estate can no longer be made against the property transferred pursuant to the deed upon death, and the beneficiary or beneficiaries under the deed upon death are authorized to sell or distribute the property without personal liability for any claim which was not timely filed if the beneficiary or beneficiaries have received a waiver of claim after providing the written notice to the Department of Health and Human Services. If the beneficiary or beneficiaries under a deed upon death reject, in whole or in part, any claim that is timely filed, the beneficiary or beneficiaries are required to notify the claimant and the claimant is authorized to bring a suit in the court with jurisdiction against the beneficiary or beneficiaries but such suit must be brought within 30 days after the beneficiary or beneficiaries provided notice of the rejection of the claim. Finally, section 2: (1) establishes a procedure for the beneficiary or beneficiaries under a deed upon death to provide notice to the Department of Health and Human Services;
κ2021 Statutes of Nevada, Page 994 (CHAPTER 210, AB 414)κ
(2) provides that the property transferred pursuant to such a deed upon death remains subject to any claim by the Department to recover public assistance provided to the grantor; and (3) provides that a person dealing with a beneficiary of a deed upon death has the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the grantors estate that had become final if the person acted in good faith and for valuable consideration and a Death of Grantor Affidavit was recorded by the county recorder.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 375.090 is hereby amended to read as follows:
375.090 The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:
1. A mere change in identity, form or place of organization, such as a transfer between a business entity and its parent, its subsidiary or an affiliated business entity if the affiliated business entity has identical common ownership.
2. A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property, including, without limitation, a transfer by an instrument in writing pursuant to the terms of a land sale installment contract previously recorded and upon which the taxes imposed by this chapter have been paid.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of lineal consanguinity or affinity.
6. A transfer of title between former spouses in compliance with a decree of divorce.
7. A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.
8. Transfers, assignments or conveyances of unpatented mines or mining claims.
9. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
10. A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.655 to 111.699, inclusive [.] , and a Death of Grantor Affidavit recorded in the office of the county recorder pursuant to NRS 111.699.
11. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or
κ2021 Statutes of Nevada, Page 995 (CHAPTER 210, AB 414)κ
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,
Κ if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
12. A transfer to an educational foundation. As used in this subsection, educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
13. A transfer to a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
14. A transfer to a library foundation. As used in this subsection, library foundation has the meaning ascribed to it in NRS 379.0056.
Sec. 2. NRS 111.689 is hereby amended to read as follows:
111.689 1. To the extent the grantors probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred pursuant to a deed upon death.
2. If more than one property is transferred pursuant to one or more deeds upon death, the liability for any claim must be apportioned among the properties in proportion to their net values at the grantors death.
3. [A proceeding to enforce the liability under this section must be commenced not later than 18 months after the grantors death.] The beneficiary or beneficiaries under a deed upon death must, after the death of the grantor, cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020 and mail a copy of the notice to:
(a) The personal representative of the grantor, if known;
(b) The Department of Health and Human Services; and
(c) Known or readily ascertainable creditors of the grantor or the probate estate of the grantor.
4. The notice published pursuant to subsection 3 must be in substantially the following form:
NOTICE TO CREDITORS
Notice is hereby given that the undersigned is/are the beneficiary or beneficiaries under a deed upon death executed by ................................. (grantor(s)) on the ......... day of ............................., ..........., and that said grantor(s) died on the ......... day of ............................., ............, and that said grantor(s) had a date of birth of the ......... day of ............................., ............ A creditor having a claim against the grantor(s) or their estate must file a claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated this ..................... day of ............................................. , ........... .
Beneficiary or Beneficiaries: .............................................
Address: ..................................................................................
κ2021 Statutes of Nevada, Page 996 (CHAPTER 210, AB 414)κ
5. A person or entity having a claim, due or to become due, against a grantor or his or her probate estate, as applicable, must file the claim with the beneficiary or beneficiaries within 90 days after the mailing, for those required to be mailed, or 90 days after publication of the first notice to creditors pursuant to subsection 3. Any claim against a grantor or the probate estate of a grantor, as applicable, not filed within that time is forever barred. After the expiration of the time to file a claim as provided in this section, the beneficiary or beneficiaries may sell or distribute the property transferred pursuant to the deed upon death, without personal liability for any claim which has not been timely filed with the beneficiary or beneficiaries if, in accordance with subsection 6, the beneficiary or beneficiaries have received a waiver of claim after providing written notice to the Department of Health and Human Services as required by subsection 3.
6. If notice to the Department of Health and Human Services is not given, the property transferred by the deed upon death remains subject to the right of the Department to recover public assistance received by the grantor. The Department may initiate an action to impose a lien on the real property transferred by the deed upon death pursuant to NRS 422.29306, take any other action allowable by law to secure the future recovery of benefits or make a written demand for payment, as applicable. The Department shall notify the beneficiary or beneficiaries in writing within 45 days after receipt of a notice pursuant to subsection 3 whether the grantor was a recipient of public assistance and, if he or she was not a recipient of assistance, provide an original waiver of claim to the beneficiaries for the purposes of recording the deed upon death.
7. For claims not originating with the Department of Health and Human Services, if a claim is rejected by the beneficiary or beneficiaries under the deed upon death, in whole or in part, the beneficiary or beneficiaries must, within 10 days after the rejection, notify the claimant of the rejection by written notice sent by registered or certified mail to the mailing address of the claimant. The claimant must bring suit in the proper court against the beneficiary or beneficiaries within 30 days after the notice is sent, whether the claim is due or not, or the claim is barred forever and the beneficiary or beneficiaries under the deed upon death may distribute the property transferred by the deed upon death without personal liability to any creditor whose claim is barred forever.
8. A title company that is engaged regarding the transfer of the property identified in a deed upon death may recognize that the notices provided pursuant to this section constitute adequate notice required by law. A title company is not liable for claims of which the title company is not made aware by the beneficiaries.
9. A person dealing with a beneficiary of a deed upon death has the same rights and protections as the person would have if the beneficiary had been named as a distributee of the property in an order for distribution of the grantors estate that had become final if both of the following conditions are satisfied:
(a) The person acted in good faith and for valuable consideration; and
(b) A Death of Grantor Affidavit was recorded pursuant to NRS 111.699.
κ2021 Statutes of Nevada, Page 997 (CHAPTER 210, AB 414)κ
Sec. 3. The amendatory provisions of section 1 of this act apply to a Death of Grantor Affidavit recorded in the office of a county recorder pursuant to NRS 111.699 on or after the effective date of section 1 of this act.
Sec. 4. The amendatory provisions of section 2 of this act apply only if the death of a grantor who makes a deed upon death pursuant to NRS 111.655 to 111.699, inclusive, occurs on or after July 1, 2021.
Sec. 5. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 6. 1. This section and sections 1, 3 and 5 of this act become effective upon passage and approval.
2. Sections 2 and 4 of this act become effective on July 1, 2021.
________
Senate Bill No. 193Committee on Education
CHAPTER 211
[Approved: May 29, 2021]
AN ACT relating to education; requiring the Board of Regents of the University of Nevada to prepare a report concerning students who are veterans; creating a preference in admission to certain programs for certain veterans; prohibiting the assessment of a tuition charge against certain veterans, spouses and dependents; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law previously required the Board of Regents of the University of Nevada to prepare and submit a report concerning students who are veterans to the Director of the Legislative Counsel Bureau or to the Legislative Committee on Education, as appropriate. This requirement expired by limitation on July 1, 2020. (Section 5 of Assembly Bill No. 76, chapter 13, Statutes of Nevada 2015, at page 55) Section 2 of this bill revives this requirement.
Existing law prohibits the Board of Regents from discriminating in the admission of students on account of national origin, religion, age, physical disability, sex, sexual orientation, gender identity or expression, race or color. (NRS 396.530) Sections 3 and 4 of this bill require the Board of Regents to require each nursing program and program for the education of teachers to give preference in admission to veterans of the Armed Forces of the United States who have been honorably discharged.
Existing federal law grants Post-9/11 Educational Assistance to eligible veterans. (38 U.S.C. §§ 3301-3327) Existing federal law authorizes a veteran who was discharged from the Armed Forces of the United States before January 1, 2013, to have access to such educational benefits for 15 years, while a veteran who was discharged on or after January 1, 2013, has access to such benefits without expiration. (38 U.S.C. § 3321) Existing federal law grants Survivors and Dependents Educational Assistance to eligible survivors and dependents of members of the Armed Forces of the United States.
κ2021 Statutes of Nevada, Page 998 (CHAPTER 211, SB 193)κ
Armed Forces of the United States. (38 U.S.C. §§ 3500-3566) Existing state law authorizes the Board of Regents to assess a tuition charge against students who are not residents of this State. Existing law prohibits a tuition charge from being assessed against certain students, including, without limitation, students who are veterans who were honorably discharged within 5 years before the date of matriculation at a university, state college or community college within the Nevada System of Higher Education. (NRS 396.540) Section 5 of this bill removes, for the purpose of this exemption from a tuition charge, the time limitation for matriculating at a university, state college or community college within the System for veterans who have been honorably discharged. Section 5 additionally prohibits a tuition charge from being assessed against veterans, spouses and dependents who are using Post-9/11 Educational Assistance. Section 5 similarly prohibits a tuition charge from being assessed against students using Survivors and Dependents Educational Assistance.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The Board of Regents shall, not later than November 30 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Committee on Education when the Legislature is not in regular session, a report concerning the participation of students who are veterans in the System. The report must cover the immediately preceding academic year.
2. The report must include, without limitation:
(a) The number of students who:
(1) Identify themselves as veterans.
(2) Are receiving payments or benefits from the United States Department of Veterans Affairs.
(b) The number of students who are veterans, divided by gender.
(c) The rate of retention and average age of the students who are veterans.
(d) The most common areas of study among the students who are veterans.
(e) Any information necessary to determine the impact of policy changes on the number of students who are veterans in the System.
(f) The number of students who are veterans who graduated during the immediately preceding academic year.
(g) The efforts of each institution to retain and graduate students who are veterans through retention and other related programs.
Sec. 3. The Board of Regents shall require each nursing program in the System to give preference in admission to veterans of the Armed Forces of the United States who were honorably discharged.
Sec. 4. The Board of Regents shall require each program developed by the System for the education of teachers to give preference in admission to veterans of the Armed Forces of the United States who were honorably discharged.
κ2021 Statutes of Nevada, Page 999 (CHAPTER 211, SB 193)κ
Sec. 5. NRS 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification bona fide is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Matriculation has the meaning ascribed to it in regulations adopted by the Board of Regents.
(c) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:
(a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;
(c) All students whose parent, legal guardian or spouse is a member of the Armed Forces of the United States who:
(1) Is on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California; or
(2) Was on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date on which the student enrolled at an institution of the System if such students maintain continuous enrollment at an institution of the System;
(d) All students who are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship pursuant to 38 U.S.C. § 3311(b)(8);
(e) All public school teachers who are employed full-time by school districts in the State of Nevada;
(f) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;
(g) Employees of the System who take classes other than during their regular working hours;
(h) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;
(i) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge;
κ2021 Statutes of Nevada, Page 1000 (CHAPTER 211, SB 193)κ
another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge;
(j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged ; [within the 5 years immediately preceding the date of matriculation of the veteran at a university, state college or community college within the System; and]
(k) Veterans of the Armed Forces of the United States who have been awarded the Purple Heart [.] ;
(l) All students who are:
(1) Veterans using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive, and became eligible for such benefits on or after January 1, 2013; or
(2) Spouses or dependents using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive; and
(m) All students who are using Survivors and Dependents Educational Assistance pursuant to 38 U.S.C. §§ 3500 to 3566, inclusive.
3. The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States [who were honorably discharged] than the [exemption] exemptions provided pursuant to [paragraph (j) of] subsection 2, if required for the receipt of federal money.
4. The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 6. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 7. 1. This section and section 5 of this act become effective on July 1, 2021.
2. Sections 1 to 4, inclusive, and 6 of this act become effective on October 1, 2021.
________
κ2021 Statutes of Nevada, Page 1001κ
Senate Bill No. 357Committee on Judiciary
CHAPTER 212
[Approved: May 29, 2021]
AN ACT relating to the Department of Corrections; requiring the Department to track and report expenses that are directly related to housing youthful offenders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Corrections to: (1) establish, with the approval of the Board of State Prison Commissioners, a system of initial classification and evaluation for offenders who are sentenced to imprisonment in the state prison; (2) assign every person who is sentenced to imprisonment in the state prison to an appropriate institution or facility of the Department, based on an evaluation of the offenders records, particular needs and requirements for custody; and (3) administer a risk and needs assessment to each offender for the purpose of guiding institutional programming and placement. (NRS 209.341) This bill requires the Director to: (1) establish a system to track expenses that are directly related to housing youthful offenders in the institutions and facilities of the Department; and (2) submit an annual report regarding such expenses to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Child Welfare and Juvenile Justice.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall establish a system to track expenses that are directly related to housing youthful offenders in the institutions and facilities of the Department. The system must track all expenses that are directly related to housing youthful offenders, including, without limitation, expenses for:
(a) Education;
(b) Communication and interaction with family members and other persons;
(c) Health care;
(d) Mental health;
(e) Recreational programming; and
(f) Any other cost that the Director determines to be directly related to housing youthful offenders.
2. On or before July 30 of each year, the Director shall prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Child Welfare and Juvenile Justice a report regarding the expenses that were tracked by the system established pursuant to subsection 1 during the immediately preceding fiscal year.
3. As used in this section, youthful offender means an offender who is less than 18 years of age.
κ2021 Statutes of Nevada, Page 1002 (CHAPTER 212, SB 357)κ
Sec. 2. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 3. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 4. This act becomes effective on July 1, 2021.
________
Senate Bill No. 362Committee on Growth and Infrastructure
CHAPTER 213
[Approved: May 29, 2021]
AN ACT relating to public transit; revising provisions governing the provision of certain services as part of a public transit system; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a regional transportation commission, a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) or a city within such a county to operate a public transit system consisting of various transportation services. Existing law authorizes such a public transit system in a county whose population is less than 700,000 (currently all counties other than Clark County) to provide certain service which includes microtransit. Microtransit is defined as transportation by a multipassenger vehicle that carries fewer passengers than the vehicles normally used on regular routes and is dispatched through a digital network or software application service. (NRS 277A.280) Section 1 of this bill authorizes a regional transportation commission in a county whose population is 700,000 or more (currently only Clark County) to provide microtransit services as part of its public transit system.
With certain exceptions, existing law requires a regional transportation commission in a county whose population is 700,000 or more (currently only Clark County) to receive a determination from the Nevada Transportation Authority that common motor carriers are not authorized to provide, do not wish to provide, or are incapable of providing on-call services before providing an on-call public transit system. An on-call public transit system is defined as a system established to provide transportation to passengers only upon request of the passenger who needs transportation. (NRS 377A.140) Section 2 of this bill eliminates that requirement, thereby allowing such a regional transportation commission to provide for an on-call public transit system without receiving such a determination.
κ2021 Statutes of Nevada, Page 1003 (CHAPTER 213, SB 362)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 277A.280 is hereby amended to read as follows:
277A.280 1. A commission, a county whose population is less than 100,000 or a city within such a county may establish or operate a public transit system consisting of:
(a) Regular routes and fixed schedules to serve the public;
(b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176, if the transportation is available upon request and without regard to regular routes or fixed schedules;
(c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; [or]
(d) In a county whose population is less than 100,000 or a city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules [.] ; or
(e) The transporting of persons other than those specified in paragraph (b), (c) or (d) upon request without regard to regular routes or fixed schedules if the service is provided by microtransit.
2. A commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.
3. In a county whose population is less than 700,000, such a system may also provide service which includes:
(a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.
(b) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the Nevada Transportation Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the Nevada Transportation Authority for a fully regulated carrier.
[(c) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules if the service is provided by microtransit.]
4. Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.
κ2021 Statutes of Nevada, Page 1004 (CHAPTER 213, SB 362)κ
5. Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project, rolling stock for a public transit system, facilities and any other equipment that is related to public transportation. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.
6. If a commission develops a fixed guideway project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.
7. As used in this section:
(a) Fully regulated carrier means a common carrier or contract carrier of passengers or household goods who is required to obtain from the Nevada Transportation Authority a certificate of public convenience and necessity or a contract carriers permit and whose rates, routes and services are subject to regulation by the Nevada Transportation Authority.
(b) Microtransit means transportation by a multipassenger vehicle that carries fewer passengers than the vehicles normally used on regular routes and is dispatched through a digital network or software application service.
(c) Minimum operable segment means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.
(d) Turnkey procurement means a competitive procurement process by which a person is selected by a commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.
Sec. 2. NRS 377A.140 is hereby amended to read as follows:
377A.140 [1. Except as otherwise provided in subsection 2, a] A public transit system in a county whose population is 700,000 or more may, in addition to providing local transportation within the county and the services described in NRS 377A.130, provide:
[(a)] 1. Programs to reduce or manage motor vehicle traffic; and
[(b)] 2. Any other services for a public transit system which are requested by the general public,
Κ if those additional services are included and described in a long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.
[2. Before a regional transportation commission may provide for an on-call public transit system in an area of the county, other than an on-call public transit system that provides the nonemergency medical transportation described in NRS 377A.130, the commission must receive a determination from the Nevada Transportation Authority that:
(a) There are no common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in that area; or
(b) Although there are common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, those operations.
κ2021 Statutes of Nevada, Page 1005 (CHAPTER 213, SB 362)κ
3. As used in this section:
(a) Common motor carrier of passengers has the meaning ascribed to it in NRS 706.041.
(b) On-call public transit system means a system established to transport passengers only upon the request of a person who needs transportation.]
________
Senate Bill No. 363Committee on Education
CHAPTER 214
[Approved: May 29, 2021]
AN ACT relating to education; requiring the governing body of each charter school that enters into a contract with certain organizations to report certain information to the sponsor of the charter school in each even-numbered year; requiring the sponsor of each charter school that enters into a contract with certain organizations to report certain information to the Legislature in each even-numbered year; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a charter school is authorized to contract with educational management organizations to provide services relating to the operation and management of the school. (NRS 388A.030; 388A.223) This bill requires the governing body of each charter school that enters into a contract with an educational management organization to submit a report in each even-numbered year to the sponsor of the charter school that includes the amount paid to the management company under the contract. This bill further requires the sponsor of each charter school that enters into a contract with an educational management organization to submit such a report in each even-numbered year to the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388A of NRS is hereby amended by adding thereto a new section to read as follows:
On or before November 1 of each even-numbered year, the governing body of each charter school that enters into a contract with an educational management organization shall submit to the sponsor of the charter school a report that includes the amount paid to the educational management organization in the current and immediately preceding fiscal years. On or before November 1 of each even-numbered year, each sponsor of a charter school that enters into a contract with an educational management organization shall submit to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature a report that includes the amount paid to the educational management organization by the charter school in the current and immediately preceding fiscal years.
κ2021 Statutes of Nevada, Page 1006 (CHAPTER 214, SB 363)κ
Sec. 2. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
________
Senate Bill No. 368Committee on Government Affairs
CHAPTER 215
[Approved: May 29, 2021]
AN ACT relating to the Lake Tahoe Basin; requiring the issuance of general obligation bonds to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program for the Lake Tahoe Basin; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Environmental Improvement Program was implemented in 1997 to carry out projects to improve the environment in the Lake Tahoe Basin. The costs of the Program are apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property in both states. In 1999, the Nevada Legislature authorized the issuance of not more than $56.4 million in general obligation bonds to pay for a significant portion of Nevadas share of the costs of the first phase of the Program. (Chapter 514, Statutes of Nevada 1999, at page 2626) In 2009, the Nevada Legislature authorized the issuance of not more than $100 million in general obligation bonds to pay for Nevadas share of the costs of the second phase of the Program beginning on July 1, 2009, and ending on June 30, 2020. (Chapter 431, Statutes of Nevada 2009, at page 2417) In 2017, the Nevada Legislature extended the deadline for the issuance of the remainder of the general obligation bonds that were authorized in 2009 for the second phase of the Program from June 30, 2020, to June 30, 2030. (Chapter 32, Statutes of Nevada 2017, at page 137) Issuance of those bonds requires the approval of the Legislature or the Interim Finance Committee. (Chapter 431, Statutes of Nevada 2009, at page 2417)
The Nevada Legislature in 2009 required the issuance of not more than $4,420,000 of such bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Program. (Chapter 431, Statutes of Nevada 2009, at page 2416) In 2011, the Nevada Legislature required the issuance of not more than $12 million of the $100 million in general obligation bonds authorized in 2009 to provide additional money to carry out environmental improvement projects included in the second phase of the Program. (Chapter 437, Statutes of Nevada 2011, at page 2638) In 2019, the Nevada Legislature required the issuance of not more than $8 million of the $100 million in general obligation bonds authorized in 2009 to provide money to carry out certain environmental improvement projects included in the second phase of the Program. (Chapter 167, Statutes of Nevada 2019, at page 891)
This bill requires the issuance of not more than $4 million of the $100 million in general obligation bonds authorized in 2009 to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program.
κ2021 Statutes of Nevada, Page 1007 (CHAPTER 215, SB 368)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and
Whereas, This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin; and
Whereas, The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is of such significance that it must be carried out on a continual basis; and
Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and
Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California and the local governments and private property owners within both states; and
Whereas, The cost of carrying out the second phase of the Environmental Improvement Program for the State of Nevada and its political subdivisions is $100,000,000; and
Whereas, Section 3 of chapter 431, Statutes of Nevada 2009, at page 2417, authorized the State Board of Finance to issue general obligation bonds of the State of Nevada in a total face amount of not more than $100,000,000 to provide money to carry out the second phase of the Environmental Improvement Program beginning on July 1, 2009, and ending on June 30, 2020; and
Whereas, Section 2 of chapter 32, Statutes of Nevada 2017, at page 138, extended the deadline for the State Board of Finance to issue the remainder of the general obligation bonds of the State of Nevada that were authorized in 2009 for the second phase of the Environmental Improvement Program from June 30, 2020, to June 30, 2030; and
Whereas, Section 1 of chapter 431, Statutes of Nevada 2009, at page 2416, granted approval to the State Board of Finance to issue $4,420,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
Whereas, Section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, granted approval to the State Board of Finance to issue an additional $12,000,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
Whereas, Section 1 of chapter 167, Statutes of Nevada 2019, at page 891, granted approval to the State Board of Finance to issue an additional $8,000,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
κ2021 Statutes of Nevada, Page 1008 (CHAPTER 215, SB 368)κ
certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and
Whereas, The general obligation bonds authorized by chapter 431, Statutes of Nevada 2009, may only be issued with the prior approval of the Legislature or the Interim Finance Committee and pursuant to a schedule established by the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $4,000,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in section 2 of this act, must be used for the following activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:
1. Continued implementation of forest health, restoration, and fuels management projects;
2. Control and prevention of invasive terrestrial and aquatic species;
3. Enhancement of recreational opportunities;
4. Protection of sensitive species and improvement of wildlife habitat; and
5. Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements.
Sec. 2. The Division of State Lands of the State Department of Conservation and Natural Resources may use money authorized pursuant to section 1 of this act for a project other than a project listed in section 1 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.
Sec. 3. The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:
1. Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and
2. Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1009κ
Senate Bill No. 398Committee on Judiciary
CHAPTER 216
[Approved: May 29, 2021]
AN ACT relating to juvenile justice; requiring the Juvenile Justice Oversight Commission to submit a report containing certain information to the Legislative Committee on Child Welfare and Juvenile Justice; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Juvenile Justice Oversight Commission and requires the Commission to perform certain functions relating to the juvenile justice system, including, among other requirements, the development of a 5-year strategic plan to establish policies and procedures for the Division of Child and Family Services of the Department of Health and Human Services relating to the use of evidence-based practices in providing services to children subject to the jurisdiction of the juvenile court. (NRS 62B.600-62B.620) Existing law also creates the Legislative Committee on Child Welfare and Juvenile Justice and directs the Committee to evaluate and review certain issues relating to child welfare and juvenile justice in this State. Existing law further authorizes the Committee to recommend legislation concerning child welfare and juvenile justice to the Legislature. (NRS 218E.700-218E.720) This bill requires the Commission to, on or before August 1, 2022, submit to the Committee a report which contains: (1) an update on the progress of the Division in achieving the measures set forth in the current 5-year strategic plan; and (2) any recommendations for legislation relating to improvements to the next 5-year strategic plan, disparities in the juvenile justice system related to race or ethnicity and compliance with the Juvenile Justice and Delinquency Prevention Act. (34 U.S.C. §§ 11101 et seq.)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. In addition to any report required pursuant to NRS 62B.615, the Juvenile Justice Oversight Commission shall, on or before August 1, 2022, submit to the Legislative Committee on Child Welfare and Juvenile Justice a report which must contain, without limitation:
(a) An update on the progress of the Division of Child and Family Services of the Department of Health and Human Services in achieving the measures set forth in the current 5-year strategic plan; and
(b) Any recommendations for legislation relating to:
(1) Improvements to the next 5-year strategic plan based on the experiences and results of the current 5-year strategic plan;
(2) Disparities in the juvenile justice system related to race or ethnicity; and
(3) Compliance with the Juvenile Justice and Delinquency Prevention Act, 34 U.S.C. §§ 11101 et seq.
2. As used in this section, 5-year strategic plan means the plan developed by the Commission pursuant to NRS 62B.615.
κ2021 Statutes of Nevada, Page 1010 (CHAPTER 216, SB 398)κ
Sec. 2. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 400Committee on Finance
CHAPTER 217
[Approved: May 29, 2021]
AN ACT relating to consumer protection; revising the penalties for certain unlawful acts relating to weights and measures, public weighing, petroleum products and advertisements of motor vehicle fuel and petroleum products; requiring the State Sealer of Consumer Equitability to adopt certain regulations; establishing procedures for an administrative hearing in certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) makes it unlawful to commit certain acts relating to weights and measures, public weighing, petroleum products and advertisements of motor vehicle fuel and petroleum products; and (2) prescribes certain criminal penalties for the commission of such unlawful acts. (NRS 581.415, 581.445, 582.300, 582.320, 590.150, 590.330) Existing law also: (1) authorizes the State Sealer of Consumer Equitability to establish a schedule of and impose civil penalties on certain persons who commit such unlawful acts relating to weights and measures, public weighing and advertisements of motor vehicle fuel and petroleum products; and (2) affords any person subject to such a civil penalty the right to notice, an administrative hearing and judicial review of the administrative decision. (NRS 581.415, 581.417, 582.300, 582.310, 590.322, 590.324)
Sections 1, 2, 7 and 8 of this bill make various changes to the penalties for the commission of unlawful acts relating to weights and measures, public weighing, petroleum products and advertisements of motor vehicle fuel and petroleum products by: (1) expanding the application to certain persons who may commit such unlawful acts; (2) adding certain elements of intent; (3) revising the amounts of certain fines; and (4) decreasing certain criminal penalties. Sections 1, 2, 7 and 8 also provide that a person, or any officer, agent or employee thereof, who willfully commits such unlawful acts may be punished by: (1) for the first offense, a warning; (2) for the second offense, a misdemeanor with a fine of not less than $1,000 or not more than $5,000; and (3) for the third or any subsequent offense, a gross misdemeanor. However, if a person, or an officer, agent or employee thereof, has been convicted three or more times in a 2-year period of any such unlawful act, sections 1, 2, 7 and 8 provide that the person, officer, agent or employee is guilty of a category E felony.
Existing law establishes that a person who uses or possesses any device which has been altered to facilitate fraud is guilty of a category E felony. (NRS 581.445) Section 1 of this bill revises the elements of the crime to specify that a person, or an officer, agent or employee thereof, who knowingly uses or possesses a weighing or measuring device which has been altered to facilitate fraud is guilty of a category E felony.
κ2021 Statutes of Nevada, Page 1011 (CHAPTER 217, SB 400)κ
Section 4 of this bill requires State Sealer of Consumer Equitability to adopt regulations establishing a schedule of civil penalties for the commission of certain unlawful acts relating to petroleum products. Section 5 of this bill establishes procedures for an administrative hearing if requested by a person who is subject to such a civil penalty. Section 6 of this bill makes a conforming change to indicate the proper placement of sections 4 and 5 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 581.445 is hereby amended to read as follows:
581.445 1. Except as otherwise provided in subsection 2, a person , or any officer, agent or employee thereof, who willfully violates any provision of NRS 581.415 : [is guilty of a gross misdemeanor and shall be punished:]
(a) For the first offense, [by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $500 or more than $2,000, or by both fine and imprisonment.] shall be given a warning.
(b) For [a] the second [or subsequent] offense, [by imprisonment in the county jail for not more than 364 days, or] is guilty of a misdemeanor and shall be punished by a fine of not less than [$2,000] $1,000 or more than $5,000 . [, or by both fine and imprisonment.]
(c) For the third or subsequent offense, is guilty of a gross misdemeanor.
2. A person , or any officer, agent or employee thereof, who:
(a) [Intentionally violates any provision of this chapter or any regulation adopted pursuant thereto;
(b)] Is convicted pursuant to subsection 1 more than three times in a 2-year period; or
[(c) Uses]
(b) Knowingly uses or has in his or her possession any weighing or measuring device which has been altered to facilitate fraud,
Κ is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 2. NRS 582.320 is hereby amended to read as follows:
582.320 1. Except as otherwise provided in subsection 2, a person [who by himself or herself, by a servant or] , or any officer, agent [, or as the servant] or [agent of another person,] employee thereof, who willfully violates any provision of this chapter or any regulation adopted pursuant thereto:
(a) For the first offense, shall be given a warning.
(b) For the second offense, is guilty of a [gross] misdemeanor and shall be punished by [imprisonment in the county jail for not less than 6 months or more than 364 days, or by] a fine of not less than $1,000 or more than $5,000 . [, or by both fine and imprisonment.]
(c) For the third or subsequent offense, is guilty of a gross misdemeanor.
2. A person , [who by himself or herself, by a servant] or any officer, agent [, or as the servant or agent of another person:
κ2021 Statutes of Nevada, Page 1012 (CHAPTER 217, SB 400)κ
(a) Intentionally violates any provision of this chapter or any regulation adopted pursuant thereto; or
(b) Is] or employee thereof, who is convicted pursuant to subsection 1 more than three times in a 2-year period [,
Κ] is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 3. Chapter 590 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. The State Sealer of Consumer Equitability shall adopt regulations establishing a schedule of civil penalties for any violation of this section, NRS 590.010 to 590.150, inclusive, and section 5 of this act.
2. In addition to any criminal penalty that may be imposed, a person who violates any provision of this section, NRS 590.010 to 590.150, inclusive, or section 5 of this act is subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of Consumer Equitability pursuant to subsection 1.
Sec. 5. 1. A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Consumer Equitability or his designee shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Consumer Equitability or his designee is subject to appropriate judicial review.
2. If the respondent has exhausted his administrative appeals and the civil penalty has been upheld, he shall pay the civil penalty:
(a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of Consumer Equitability; or
(b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.
3. If the respondent fails to pay the civil penalty, a civil action may be brought by the State Sealer of Consumer Equitability in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.
Sec. 6. NRS 590.020 is hereby amended to read as follows:
590.020 As used in NRS 590.010 to 590.330, inclusive, and sections 4 and 5 of this act, unless the context otherwise requires:
1. Additives means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.
2. Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
3. Alternative fuel includes, without limitation, premium diesel fuel, B-5 diesel fuel, B-10 diesel fuel, B-20 diesel fuel, B-100 diesel fuel, M-85, M-100, E-85, E-100, liquefied petroleum gas, natural gas, reformulated gasoline, gasohol and oxygenated fuel.
4. Brand name means a name or logo that is used to identify a business or company.
κ2021 Statutes of Nevada, Page 1013 (CHAPTER 217, SB 400)κ
5. Grade means:
(a) Regular, midgrade, plus, super, premium or words of similar meaning when describing a grade designation for gasoline.
(b) Diesel or words of similar meaning, including, without limitation, any specific type of diesel, when describing a grade designation for diesel motor fuel.
(c) M-85, M-100, E-85, E-100 or words of similar meaning when describing a grade designation for alternative fuel.
(d) Propane, liquefied petroleum gas, compressed natural gas, liquefied natural gas or words of similar meaning when describing pressurized gases.
6. Motor vehicle fuel means a petroleum product or alternative fuel used for internal combustion engines in motor vehicles.
7. Performance rating means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.
8. Petroleum products means gasoline, diesel fuel, burner fuel kerosene, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. The term does not include liquefied petroleum gas, natural gas or motor oil additives.
9. Recycled oil means a petroleum product which is prepared from used motor oil or used lubricating oil. The term includes rerefined oil.
10. Rerefined oil means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.
11. Used oil means any oil which has been refined from crude or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.
12. Viscosity grade classification means the measure of an oils resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.
Sec. 7. NRS 590.150 is hereby amended to read as follows:
590.150 1. [Any] Except as otherwise provided in subsection 2, a person, or any officer, agent or employee thereof, who willfully violates any of the provisions of NRS 590.010 to 590.140, inclusive, [is guilty of a misdemeanor.] or any regulation adopted pursuant thereto:
(a) For the first offense, shall be given a warning.
(b) For the second offense, is guilty of a misdemeanor and shall be punished by a fine of not less than $1,000 or more than $5,000.
(c) For the third or subsequent offense, is guilty of a gross misdemeanor.
2. A person, or any officer, agent or employee thereof, who is convicted pursuant to subsection 1 more than three times in a 2-year period is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. Each such person, or any officer, agent or employee thereof, is guilty of a separate offense for each day during any portion of which any violation of any provision of NRS 590.010 to 590.140, inclusive, is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punished as provided in this section.
κ2021 Statutes of Nevada, Page 1014 (CHAPTER 217, SB 400)κ
of any provision of NRS 590.010 to 590.140, inclusive, is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punished as provided in this section.
[3.] 4. The selling and delivery of any petroleum product or motor vehicle fuel mentioned in NRS 590.010 to 590.140, inclusive, is prima facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality bought by the vendee.
Sec. 8. NRS 590.330 is hereby amended to read as follows:
590.330 [Any violation of]
1. Except as otherwise provided in subsection 2, a person, or any officer, agent or employee thereof, who willfully violates the provisions of NRS 590.160 to 590.330, inclusive, [shall be punished:
1.] or any regulation adopted pursuant thereto:
(a) For the first [conviction, by a fine of not more than $500.] offense, shall be given a warning.
[2.] (b) For the second [conviction, for] offense, is guilty of a misdemeanor [.] and shall be punished by a fine of not less than $1,000 or more than $5,000.
[3.] (c) For the third [and] or subsequent [convictions, for] offense, is guilty of a gross misdemeanor.
2. A person, or any officer, agent or employee thereof, who is convicted pursuant to subsection 1 more than three times in a 2-year period is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 9. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee of Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 10. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1015κ
Senate Bill No. 408Committee on Finance
CHAPTER 218
[Approved: May 29, 2021]
AN ACT relating to pharmacy; requiring certain meetings of the State Board of Pharmacy to be open and public; authorizing the Board to enter into certain agreements; authorizing the Board to require certain persons to undergo a criminal background check; requiring an applicant for registration as a pharmacist or pharmaceutical technician to undergo a criminal background check; increasing certain fees; revising provisions relating to administrative proceedings before the Board; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Board of Pharmacy and sets forth the general and regulatory powers of the Board. (NRS 639.020, 639.070) Section 3 of this bill authorizes the Board to: (1) enter into written agreements for improving the enforcement of and compliance with the provisions of law governing the practice of pharmacy, controlled substances and dangerous drugs; (2) contract with a private entity for the administration of the database of the computerized program that tracks each prescription for certain controlled substances; and (3) require the holder of a certificate, license or permit issued by the Board or a person with significant influence over the holder of a certificate, license or permit to undergo a criminal background check. Sections 5 and 6 of this bill require an applicant for registration as a pharmacist or a pharmaceutical technician to undergo a criminal background check. Section 11 of this bill requires the Board to implement and maintain reasonable security measures to protect information obtained for the purpose of conducting such a background check.
Existing law requires, in general, the meetings of a public body to be open and public. (NRS 241.016) However, existing law provides that meetings of the Board which are held to deliberate on a decision in an administrative action are closed to the public. (NRS 639.050) Section 2 of this bill removes this provision, thereby requiring, in general, a meeting of the Board for that purpose to be open and public. The Board would still be authorized to close a meeting for certain purposes, including, consideration of the character, alleged misconduct, professional competence or physical or mental health of a person, unless the person waives such closure. (NRS 241.030)
Section 13 of this bill repeals a requirement that the Board furnish to applicants and registrants free copies of law and regulations governing the practice of pharmacy, controlled substances, dangerous drugs and foods, drugs and cosmetics. (NRS 639.095)
Section 4 of this bill revises the credentials that authorize a person to manufacture, engage in wholesale distribution, compound, sell or dispense any drug, poison, medicine or chemical. Section 7 of this bill increases the fees for the investigation or issuance or renewal of a license as a manufacturer or wholesaler.
Existing law authorizes the Board to take disciplinary action against a holder of any certificate, license or permit issued by the Board for certain violations. (NRS 639.255) Section 8 of this bill increases the amount of time for a person to request a hearing before the Board to answer to violations alleged by the Board and submit evidence.
Existing law makes it a misdemeanor to: (1) secure or attempt to secure registration as a pharmacist, pharmacy technician or a practitioner through false representation; or (2) fraudulently represent oneself to be a registered pharmacist or practitioner.
κ2021 Statutes of Nevada, Page 1016 (CHAPTER 218, SB 408)κ
practitioner. Existing law provides for the automatic cancellation of any certificate issued by the Board based on false or fraudulent information. (NRS 639.281) Section 10 of this bill expands these provisions to apply to any certificate, license or permit issued by the Board.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 639.050 is hereby amended to read as follows:
639.050 1. The Board shall hold a meeting at least once in every 6 months.
2. Four members of the Board constitute a quorum.
3. Meetings of the Board which are held [to deliberate on the decision in an administrative action or] to prepare, grade or administer examinations are closed to the public.
4. Each member of the Board is entitled to receive:
(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.
5. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
Sec. 3. NRS 639.070 is hereby amended to read as follows:
639.070 1. The Board may:
(a) Adopt such regulations, not inconsistent with the laws of this State, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
(b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription be posted in the pharmacies and be given on the telephone to persons requesting such information.
(c) Adopt regulations, not inconsistent with the laws of this State, authorizing the Executive Secretary of the Board to issue certificates, licenses and permits required by this chapter and chapters 453 and 454 of NRS.
(d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.
(e) Regulate the practice of pharmacy.
(f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.
(g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including, but not limited to, requirements relating to:
(1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;
(2) Drugs stored in hospitals; and
(3) Drugs stored for the purpose of wholesale distribution.
κ2021 Statutes of Nevada, Page 1017 (CHAPTER 218, SB 408)κ
(h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.
(i) Charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides, other than those specifically set forth in this chapter.
(j) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.
(k) Employ attorneys, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of this chapter and chapter 454 of NRS.
(m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.
(n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.
(o) Adopt regulations concerning the use of computerized mechanical equipment for the filling of prescriptions.
(p) Participate in and expend money for programs that enhance the practice of pharmacy.
(q) Enter into written agreements with local, state and federal agencies for the purpose of improving the enforcement of and compliance with the provisions of this chapter and chapters 453 and 454 of NRS.
(r) Contract with a private entity to administer the database of the program established pursuant to NRS 453.162.
2. The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.
3. This section does not authorize the Board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
Sec. 4. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell or dispense, or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed, any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless the person:
(a) [Is a prescribing practitioner, a person licensed to engage in wholesale distribution, a person licensed pursuant to chapter 653 of NRS under the supervision of the prescribing practitioner, a registered pharmacist, or a registered nurse certified in oncology under the supervision of the prescribing practitioner;] Holds the appropriate certificate, license or permit required by this chapter or chapter 453 or 454 of NRS, as applicable, that authorizes the person to take such action; and
(b) Complies with the regulations adopted by the Board.
2. A person who violates any provision of subsection 1:
(a) If no substantial bodily harm results, is guilty of a category D felony; or
(b) If substantial bodily harm results, is guilty of a category C felony,
κ2021 Statutes of Nevada, Page 1018 (CHAPTER 218, SB 408)κ
Κ and shall be punished as provided in NRS 193.130.
3. Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists. A person shall not act as a manufacturer or wholesaler unless the person has obtained a license from the Board.
4. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled For Veterinary Use Only is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until the organization, manufacturer or wholesaler has obtained a license from the Board.
5. Each application for such a license must be made on a form furnished by the Board and an application must not be considered by the Board until all the information required thereon has been completed. Upon approval of the application by the Board and the payment of the required fee, the Board shall issue a license to the applicant. Each license must be issued to a specific person for a specific location.
6. The Board shall not condition, limit, restrict or otherwise deny to a prescribing practitioner the issuance of a certificate, license, registration, permit or authorization to prescribe controlled substances or dangerous drugs because the practitioner is located outside this State.
Sec. 5. NRS 639.127 is hereby amended to read as follows:
639.127 1. An applicant for registration as a pharmacist in this State must submit an application to the Executive Secretary of the Board on a form furnished by the Board and must pay the fee fixed by the Board. The fee must be paid at the time the application is submitted and is compensation to the Board for the investigation and the examination of the applicant. Under no circumstances may the fee be refunded.
2. In addition to the requirements of subsection 1, each applicant for registration as a pharmacist shall submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Board may issue a provisional registration to an applicant pending receipt of the report from the Federal Bureau of Investigation if the Board determines that the applicant is otherwise qualified for registration.
3. Proof of the qualifications of any applicant must be made to the satisfaction of the Board and must be substantiated by affidavits, records or such other evidence as the Board may require.
[3.] 4. An application is only valid for 1 year after the date it is received by the Board unless the Board extends its period of validity.
[4.] 5. A certificate of registration as a pharmacist must be issued to each person who the Board determines is qualified pursuant to the provisions of NRS 639.120, 639.134, 639.136 or 639.1365. The certificate entitles the person to whom it is issued to practice pharmacy in this State.
Sec. 6. NRS 639.1371 is hereby amended to read as follows:
639.1371 1. The ratio of pharmaceutical technicians to pharmacists must not allow more than one pharmaceutical technician to each pharmacist unless the Board by regulation expands the ratio.
κ2021 Statutes of Nevada, Page 1019 (CHAPTER 218, SB 408)κ
2. The Board shall adopt regulations concerning pharmaceutical technicians, including requirements for:
(a) The qualifications, registration and supervision of pharmaceutical technicians; and
(b) The services which may be performed by pharmaceutical technicians,
Κ to ensure the protection and safety of the public in the provision of pharmaceutical care.
3. The regulations adopted by the Board pursuant to this section which prescribe:
(a) The qualifications for pharmaceutical technicians must include:
(1) The successful completion of a program for pharmaceutical technicians which is approved by the Board;
(2) The completion of at least 1,500 hours of experience in carrying out the duties of a pharmaceutical technician; or
(3) Any other experience or education deemed equivalent by the Board.
(b) An expanded ratio of pharmaceutical technicians to pharmacists must be appropriate and necessary for a particular category of pharmacy at any time.
(c) The services which may be performed by pharmaceutical technicians must include, without limitation, the:
(1) Removal of drugs from stock;
(2) Counting, pouring or mixing of drugs;
(3) Placing of drugs in containers;
(4) Affixing of labels to containers; and
(5) Packaging and repackaging of drugs.
4. In addition to the requirements for registration as a pharmaceutical technician adopted by the Board pursuant to subsection 2, each applicant for such registration shall submit with his or her application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Board may issue a provisional registration to an applicant pending receipt of the report from the Federal Bureau of Investigation if the Board determines that the applicant is otherwise qualified for registration.
5. For the purposes of this chapter, and chapters 453 and 454 of NRS, pharmaceutical technicians may perform acts required to be performed by pharmacists, but only to the extent provided in regulations.
Sec. 7. NRS 639.170 is hereby amended to read as follows:
639.170 1. The Board shall charge and collect not more than the following fees for the following services:
For the examination of an applicant for registration as a pharmacist...................... Actual cost
of the
examination
For the investigation or registration of an applicant as a registered pharmacist, including a certificate by endorsement.............................................................................. $200
For the investigation, examination or registration of an applicant as a registered pharmacist by reciprocity....................................................................................................... 300
κ2021 Statutes of Nevada, Page 1020 (CHAPTER 218, SB 408)κ
For the examination of an applicant for registration as a pharmacist...................... Actual cost
of the
examination
For the investigation or issuance of an original license to conduct a retail pharmacy, including a license by endorsement................................................................ $600
For the biennial renewal of a license to conduct a retail pharmacy....................................... 500
For the investigation or issuance of an original license to conduct an institutional pharmacy, including a license by endorsement.................................................................. 600
For the biennial renewal of a license to conduct an institutional pharmacy........................ 500
For the investigation of or issuance of an original license to a facility pursuant to NRS 639.2177.......................................................................................................................... 600
For the biennial renewal of a license issued to a facility pursuant to NRS 639.2177..................................................................................................................................................... 500
For the issuance of an original or duplicate certificate of registration as a registered pharmacist, including a certificate by endorsement.......................................... 50
For the biennial renewal of registration as a registered pharmacist...................................... 200
For the reinstatement of a lapsed registration (in addition to the fees for renewal for the period of lapse)............................................................................................................ 100
For the initial registration of a pharmaceutical technician or pharmaceutical technician in training................................................................................................................. 50
For the biennial renewal of registration of a pharmaceutical technician or pharmaceutical technician in training..................................................................................... 50
For the investigation or registration of an intern pharmacist.................................................... 50
For the biennial renewal of registration as an intern pharmacist.............................................. 40
For investigation or issuance of an original license to a manufacturer or wholesaler................................................................................................................... [500] 1,000
For the biennial renewal of a license for a manufacturer or wholesaler................. [500] 1,000
For the reissuance of a license issued to a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon...................................................................................... 100
For authorization of a practitioner to dispense controlled substances or dangerous drugs, or both............................................................................................................................ 300
For the biennial renewal of authorization of a practitioner to dispense controlled substances or dangerous drugs, or both............................................................................... 300
κ2021 Statutes of Nevada, Page 1021 (CHAPTER 218, SB 408)κ
2. If an applicant submits an application for a certificate or license by endorsement pursuant to NRS 639.136 or 639.2315, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1, respectively, for:
(a) The initial registration and issuance of an original certificate of registration as a registered pharmacist.
(b) The issuance of an original license to conduct a retail or an institutional pharmacy.
3. If an applicant submits an application for a certificate or license by endorsement pursuant to NRS 639.1365 or 639.2316, as applicable, the Board shall collect not more than one-half of the fee set forth in subsection 1, respectively, for:
(a) The initial registration and issuance of an original certificate of registration as a registered pharmacist.
(b) The issuance of an original license to conduct a retail or an institutional pharmacy.
4. If a person requests a special service from the Board or requests the Board to convene a special meeting, the person must pay the actual costs to the Board as a condition precedent to the rendition of the special service or the convening of the special meeting.
5. All fees are payable in advance and are not refundable.
6. The Board may, by regulation, set the penalty for failure to pay the fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the fee for renewal for each year of delinquency in addition to the fees for renewal for each year of delinquency.
Sec. 8. NRS 639.243 is hereby amended to read as follows:
639.243 The statement, entitled Statement to the Respondent, shall be worded so as to inform the respondent:
1. That an accusation has been filed.
2. Of the right to a hearing before the Board to answer to the alleged violations and to submit evidence in his or her own behalf if requested by the filing of two copies of the Notice of Defense within [15] 20 days after receipt of the accusation.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 639.281 is hereby amended to read as follows:
639.281 1. Any person who secures or attempts to secure [registration] any certificate, license or permit issued by the Board for himself or herself or any other person by making, or causing to be made, any false representation or who fraudulently represents himself or herself to be [a registered pharmacist or practitioner] the holder of any certificate, license or permit issued by the Board is guilty of a misdemeanor.
2. Any certificate , license or permit issued by the Board on information later found to be false or fraudulent must be automatically cancelled by the Board.
Sec. 11. NRS 639.510 is hereby amended to read as follows:
639.510 The Board shall implement and maintain reasonable security measures to protect the information obtained by the Board pursuant to NRS 639.127, 639.1371 or 639.500 [and all other information related to an application for a license to engage in wholesale distribution] to protect the information from unauthorized access, acquisition, destruction, use, modification or disclosure. The provisions of this section do not prohibit the Board from disclosing and providing such information to other state and federal agencies involved in the regulation of prescription drugs to the extent deemed necessary by the Board.
κ2021 Statutes of Nevada, Page 1022 (CHAPTER 218, SB 408)κ
Board from disclosing and providing such information to other state and federal agencies involved in the regulation of prescription drugs to the extent deemed necessary by the Board.
Sec. 12. (Deleted by amendment.)
Sec. 13. NRS 639.095 is hereby repealed.
Sec. 14. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 15. 1. This section and section 14 of this act become effective upon passage and approval.
2. Sections 1 to 13, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
(b) On July 1, 2021, for all other purposes.
________
Assembly Bill No. 190Committee on Commerce and Labor
CHAPTER 219
[Approved: May 29, 2021]
AN ACT relating to employment; requiring, with certain exceptions, private employers that provide employees with sick leave to allow an employee to use such leave to assist a member of the employees immediate family with certain medical needs; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a private employer to pay an employee certain minimum compensation and to provide certain benefits, including overtime compensation and meal and rest breaks, with certain exceptions. (NRS 608.018, 608.019, 608.250) Section 1 of this bill requires a private employer that provides employees with sick leave to allow an employee to use accrued sick leave for an absence due to an illness, injury, medical appointment or other authorized medical need of a member of the employees immediate family. Additionally, section 1 authorizes such an employer to limit the amount of sick leave an employee may use for such purposes. Section 1 also requires the Labor Commissioner to prepare and post a bulletin setting forth an explanation of the provisions of this bill and to require each private employer that provides employees with sick leave to post the bulletin in the workplace. Finally, if an employee is covered under a valid collective bargaining agreement, section 1 exempts the employer from the provisions of section 1.
Section 2 of this bill requires the Labor Commissioner to enforce the provisions of section 1, and section 3 of this bill makes a violation of the provisions of section 1 a misdemeanor and authorizes the Labor Commissioner to impose, in addition to any other remedy or penalty, a penalty of up to $5,000 for each violation.
κ2021 Statutes of Nevada, Page 1023 (CHAPTER 219, AB 190)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, More than 40 million Americans provide unpaid care to someone who is over the age of 18 years and ill or disabled and approximately 4 out of 10 caregivers consider their caregiving situation to be highly stressful and report difficulties with managing emotional and physical stress, balancing work and family responsibilities and finding time for themselves; and
Whereas, 348,000 Nevada family caregivers provided more than 324,000,000 hours of unpaid care in 2013, estimated at a value of $4.27 billion; and
Whereas, According to a 2015 survey of registered voters in Nevada, 58 percent of family caregivers in Nevada have been employed full-time or part-time while providing care; and
Whereas, After surveying numerous studies, the United States Equal Employment Opportunity Commission determined that flexible workplace policies enhance employee productivity, reduce absenteeism, lower costs, aid in retention and recruitment of the best talent and may positively affect profits; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, if an employer provides paid or unpaid sick leave for the use of his or her employees, the employer must allow an employee to use any accrued sick leave to assist a member of the immediate family of the employee who has an illness, injury, medical appointment or other authorized medical need to the same extent and under the same conditions that apply to the employee when taking such leave.
2. An employer may limit the amount of sick leave that an employee may use pursuant to subsection 1 to an amount which is equal to not less than the amount of sick leave that the employee accrues during a 6-month period.
3. The Labor Commissioner shall prepare a bulletin which clearly sets forth an explanation of the provisions of this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of the Labor Commissioner and shall require each employer that provides sick leave to employees to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.
4. The provisions of this section shall not be construed to:
(a) Limit or abridge any other rights, remedies or procedures available under the law;
(b) Negate any other rights, remedies or procedures available to an aggrieved party;
κ2021 Statutes of Nevada, Page 1024 (CHAPTER 219, AB 190)κ
(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous sick leave benefit or paid time off benefit; or
(d) Extend the maximum amount of leave to which an employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.
5. An employer shall not deny an employee the right to use accrued sick leave in accordance with the provisions of this section or retaliate against an employee for attempting to prosecute a violation of this section or for exercising any rights afforded by this section.
6. The provisions of this section do not apply:
(a) To the extent prohibited by federal law; or
(b) With regard to an employee of the employer if the employee is covered under a valid collective bargaining agreement.
7. As used in this section, immediate family means:
(a) The child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee; or
(b) Any person for whom the employee is the legal guardian.
Sec. 2. NRS 608.180 is hereby amended to read as follows:
608.180 The Labor Commissioner or the representative of the Labor Commissioner shall cause the provisions of NRS 608.005 to 608.195, inclusive, and section 1 of this act and NRS 608.215 to be enforced, and upon notice from the Labor Commissioner or the representative:
1. The district attorney of any county in which a violation of those sections has occurred;
2. The Deputy Labor Commissioner, as provided in NRS 607.050;
3. The Attorney General, as provided in NRS 607.160 or 607.220; or
4. The special counsel, as provided in NRS 607.065,
Κ shall prosecute the action for enforcement according to law.
Sec. 3. NRS 608.195 is hereby amended to read as follows:
608.195 1. Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, inclusive, and section 1 of this act or NRS 608.215, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.
2. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.
________
κ2021 Statutes of Nevada, Page 1025κ
Senate Bill No. 259Senator Denis
CHAPTER 220
[Approved: May 30, 2021]
AN ACT relating to tow cars; requiring the Nevada Transportation Authority to provide certain training; requiring certain employees of the Authority and owners and operators of tow cars to attend such training; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law, with certain exceptions, requires an operator of a tow car to obtain a certificate of public convenience and necessity from the Nevada Transportation Authority before the operator provides certain services. Existing law also requires an operator of a tow car to comply with the provisions and regulations governing motor carriers. (NRS 706.4463) Under existing law, the Authority is required to: (1) employ compliance enforcement officers to perform enforcement activities for the Authority; and (2) adopt regulations setting forth the training required to be completed by such officers. (NRS 706.176, 706.178) Section 1 of this bill requires the Authority to provide training each year on any provision or regulation governing the regulation and licensing of motor carriers that was added, revised or adopted in the immediately preceding year. Section 1 authorizes the Authority not to provide such training in any year if no such provisions were added or revised or regulations were adopted in the immediately preceding year. Section 1 requires a compliance enforcement officer employed by the Authority and any owner or operator of a tow car under the jurisdiction of the Authority to attend such training annually if it is provided that year. Section 1.3 of this bill makes a conforming change to indicate the placement of section 1 in the Nevada Revised Statutes. Section 1.5 of this bill makes a conforming change relating to the additional training required in section 1 for compliance enforcement officers employed by the Authority. Section 7 of this bill requires the Authority to provide the first of such trainings not later than October 1, 2022.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the Authority shall provide training each year on:
(a) Any addition to or revision of the provisions of NRS 706.011 to 706.791, inclusive; or
(b) Any regulations adopted by the Authority pursuant to those provisions.
2. If no addition or revision was made to the provisions of NRS 706.011 to 706.791, inclusive, or no regulations were adopted by the Authority pursuant to those provisions in a year, the Authority may, for the immediately succeeding year, choose not to provide the training required by subsection 1.
3. A compliance enforcement officer employed by the Authority and an owner or operator of a tow car subject to the jurisdiction of the Authority shall attend the training prescribed in subsection 1 annually unless the Authority chooses not to provide the training in accordance with subsection 2.
κ2021 Statutes of Nevada, Page 1026 (CHAPTER 220, SB 259)κ
Authority shall attend the training prescribed in subsection 1 annually unless the Authority chooses not to provide the training in accordance with subsection 2.
4. The Authority shall provide the training required by subsection 1 uniformly with respect to content throughout the State to all persons who are required to attend the training.
5. The Authority may adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 1.3. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 1.5. NRS 706.178 is hereby amended to read as follows:
706.178 [The] In addition to the training required pursuant to section 1 of this act, the Authority shall adopt regulations setting forth the training which a compliance enforcement officer employed by the Authority pursuant to NRS 706.176 must complete, including, without limitation, training in commercial vehicle safety inspections provided by the Nevada Highway Patrol.
Secs. 2-6. (Deleted by amendment.)
Sec. 7. Not later than October 1, 2022, the Nevada Transportation Authority shall provide to compliance enforcement officers employed by the Nevada Transportation Authority and owners and operators of tow cars subject to the jurisdiction of the Nevada Transportation Authority training on the provisions of NRS 706.011 to 706.791, inclusive, and any regulations adopted by the Nevada Transportation Authority pursuant thereto. Such training must conform to the requirements of section 1 of this act and any regulations adopted by the Nevada Transportation Authority pursuant thereto.
Sec. 8. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 7, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 1027κ
Senate Bill No. 102Senator Hammond
Joint Sponsor: Assemblywoman Bilbray-Axelrod
CHAPTER 221
[Approved: May 30, 2021]
AN ACT relating to education; changing the date by which a child must be at least a certain age to be admitted to certain grades of school; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a child to be 5 years of age on or before September 30 to be admitted to kindergarten at the beginning of the school year. In addition to other requirements, existing law requires a child to be 6 years of age on or before September 30 to be admitted to the first grade, and 7 years of age on or before September 30 to be admitted to the second grade. (NRS 392.040) This bill changes the date by which a child must attain a certain age to start certain grades at the beginning of the school year from September 30 to the first day of the school year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 18 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.
2. A child who is 5 years of age on or before [September 30] the first day of a school year may be admitted to kindergarten at the beginning of that school year, and the childs enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before [September 30] the first day of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before [September 30] the first day of a school year must:
(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If the child has completed kindergarten, be admitted to the first grade at the beginning of that school year,
Κ and the childs enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before [September 30] the first day of a school year, the child must not be admitted to the first grade until the beginning of the school year following the childs sixth birthday.
4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before [September 30] the first day of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
κ2021 Statutes of Nevada, Page 1028 (CHAPTER 221, SB 102)κ
election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the childs first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging that he or she has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
6. A child who is 7 years of age on or before [September 30] the first day of a school year must:
(a) If the child has completed kindergarten and the first grade, be admitted to the second grade.
(b) If the child has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the childs attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, the child must be admitted to the first grade. If the district determines that the child is not so prepared, he or she must be admitted to kindergarten.
Κ The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before [September 30] the first day of the next school year; and
(b) Whose parents waived the childs attendance from kindergarten pursuant to subsection 4,
Κ to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8. Except as otherwise provided in subsection 9, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade the child was attending or would be attending had he or she remained a resident of the other state regardless of his or her age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
κ2021 Statutes of Nevada, Page 1029 (CHAPTER 221, SB 102)κ
9. Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the childs age.
(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the childs age.
10. As used in this section, kindergarten includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;
(b) A kindergarten established by the governing body of a charter school; and
(c) An authorized program of instruction for kindergarten offered in a childs home pursuant to NRS 388.060.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
(b) On July 1, 2022, for all other purposes.
________
Senate Bill No. 138Senators Lange and Pickard
CHAPTER 222
[Approved: May 30, 2021]
AN ACT relating to land use planning; revising requirements for an ordinance for planned unit development; revising requirements for minimum site areas and parking for a planned unit development; eliminating the requirement that a planned unit development obtain tentative approval; making various other changes relating to provisions relating to planned unit development; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law gives certain powers to a city or county that enacts an ordinance for planned unit development. (NRS 278A.080) Section 2 of this bill provides that a city or county may only exercise the powers relating to planned unit development granted if the county or city enacts an ordinance for planned development that conforms to the requirements of chapter 278A of NRS.
Existing law requires an ordinance for planned unit development to set forth standards and conditions by which a proposed planned unit development is evaluated. (NRS 278.090) Section 3 of this bill requires the ordinance also to: (1) require the plan to be set forth in written and graphic materials, as specified in the ordinance; (2) set forth certain procedures for reviewing an application for a plan; and (3) set forth procedures for reviewing an application to modify, remove or release any provision of a plan. Section 1 of this bill makes a conforming change to the definition of plan.
Section 6 of this bill clarifies that an offer to dedicate common open space must be accepted or rejected within 120 days.
κ2021 Statutes of Nevada, Page 1030 (CHAPTER 222, SB 138)κ
Existing law requires an ordinance to set forth all standards and criteria for any feature of a planned unit development with sufficient certainty to provide work criteria by which specific proposals for the development may be evaluated. (NRS 278A.220) Section 7 of this bill provides, instead, that the ordinance must set forth all standards and criteria for any feature of a planned unit development with sufficient certainty to provide criteria by which specific proposals for the development may be evaluated.
Existing law requires the minimum site area for a planned unit development to be 5 acres but authorizes the governing body of the city or county to waive the minimum site area when a proper planning justification is shown. (NRS 278A.250) Section 8 of this bill provides, instead, that the minimum site area is 5 acres unless the governing body of the city or county provides otherwise in the ordinance.
Existing law requires that a minimum of one parking space be provided for each dwelling unit in a planned unit development. (NRS 278A.320) Section 9 of this bill provides, instead, that a minimum of one parking space must be provided for each dwelling unit unless the governing body of the city or county provides otherwise in the ordinance.
Section 10 of this bill removes the requirement in existing law that the enforcement and modification of an approved plan must be to further the interests of the residents and owners of the planned unit development and the public and provides, instead, that the enforcement and modification of an approved plan are subject to the provisions adopted by the governing body in the ordinance. (NRS 278A.380)
Section 13 of this bill revises the existing prohibition on a city or county approving the modification, removal or release of a provision of a plan without first holding a public hearing to provide, instead, that a provision of a plan may be modified, removed or released without a public hearing upon the application by a landowner to modify, remove or release the provisions of a plan if: (1) the plan does not include any residential development; (2) the modification, removal or release does not add any new residential development; and (3) the city or county determines that the modification, removal or release is minor in nature, substantially complies with the plan and does not require the vacation or abandonment of a street, public sidewalk, pedestrian right-of-way or a drainage easement. (NRS 278A.410)
Existing law requires that a person who proposes a planned unit development must submit an application for tentative approval and an application for final approval. (NRS 278A.440, 278A.530) Section 14 of this bill provides, instead, that unless otherwise required by the ordinance, tentative approval of a plan for a planned unit development is not required. Consistent with this change, section 4 of this bill provides that the requirement in existing law that a reservation of common space in a planned development that will take place over a number of years must defer the location of the common space until an application for final approval is filed applies only if the ordinance requires both tentative and final approval of the plan. (NRS 278A.110)
Existing law requires an ordinance for planned unit development to designate the fee for an application for tentative approval. (NRS 278A.450) Section 16 of this bill requires instead that the fee must be set forth in the ordinance or published and made publicly available by the city or county.
Section 17 of this bill provides that the ordinance may include a schedule showing the times in which additional applications for approval must be filed when a plan calls for development over a period of years.
Section 18 of this bill provides that a city or county may, as part of its action in granting tentative or final approval of a plan, specify certain items which must accompany an application for final approval or be included in the approved plan.
Section 19 of this bill requires that the grant or denial of approval of a plan must include findings on whether the plan would or would not be consistent with the statement of objectives of a planned unit development and the city or countys master plan, if one has been adopted.
Section 20 of this bill provides that approval of a plan may be revoked under certain circumstances.
κ2021 Statutes of Nevada, Page 1031 (CHAPTER 222, SB 138)κ
Section 21 of this bill provides that an approved plan may not be modified or impaired by an act of the city or county unless the landowner consents and the modification complies with the procedures in existing law for modifications. (NRS 278A.570)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278A.060 is hereby amended to read as follows:
278A.060 Plan means the provisions for development of a planned unit development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. [The phrase provisions of the plan means the written and graphic materials referred to in this section.]
Sec. 2. NRS 278A.080 is hereby amended to read as follows:
278A.080 The powers granted under the provisions of this chapter may only be exercised by any city or county which enacts an ordinance conforming to the provisions of this chapter.
Sec. 3. NRS 278A.090 is hereby amended to read as follows:
278A.090 Each ordinance enacted pursuant to the provisions of this chapter must [set] :
1. Require the plan to be set forth in written and graphic materials, as specified in the ordinance;
2. Set forth procedures by which the city or county will review an application for a plan, which must include, without limitation, procedures by which the city or county will review an application for a plan which calls for development over a period of years;
3. Set forth procedures by which the city or county will review and process an application to modify, remove or release any provision of the plan pursuant to NRS 278A.410; and
4. Set forth the standards and conditions by which a proposed planned unit development is evaluated.
Sec. 4. NRS 278A.110 is hereby amended to read as follows:
278A.110 1. An ordinance enacted pursuant to the provisions of this chapter must establish standards governing the density or intensity of land use in a planned unit development.
2. The standards must take into account the possibility that the density or intensity of land use otherwise allowable on the site under the provisions of a zoning ordinance previously enacted may not be appropriate for a planned unit development. The standards may vary the density or intensity of land use otherwise applicable to the land within the planned unit development in consideration of:
(a) The amount, location and proposed use of common open space.
(b) The location and physical characteristics of the site of the proposed planned development.
(c) The location, design and type of dwelling units.
(d) The criteria for approval of a tentative map of a subdivision pursuant to subsection 3 of NRS 278.349.
3. In the case of a planned unit development which is proposed to be developed over a period of years, the standards may, to encourage the flexibility of density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit development in the case of each section to be developed.
κ2021 Statutes of Nevada, Page 1032 (CHAPTER 222, SB 138)κ
flexibility of density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit development in the case of each section to be developed. The ordinance may authorize the city or county to allow for a greater concentration of density or intensity of land use within a section of development whether it is earlier or later in the development than the other sections. The ordinance may require that the approval by the city or county of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the city or county . [, but] If the ordinance requires both tentative and final approval of a plan for a planned unit development, the reservation must, as far as practicable, defer the precise location of the common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 278A.130 is hereby amended to read as follows:
278A.130 The ordinance must provide that the city or county may accept the dedication of land or any interest therein for public use and maintenance, but the ordinance must not require, as a condition of the approval of a planned unit development, that land proposed to be set aside for common open space be dedicated or made available to public use. If any land is set aside for common open space, the planned unit development must be organized as a common-interest community in one of the forms permitted by chapter 116 of NRS. The ordinance may require that the association for the common-interest community may not be dissolved or dispose of any common open space by sale or otherwise, without first offering to dedicate the common open space to the city or county. That offer to dedicate the common open space must be accepted or rejected within 120 days.
Sec. 7. NRS 278A.220 is hereby amended to read as follows:
278A.220 1. An ordinance enacted pursuant to this chapter must set forth the standards and criteria by which the design, bulk and location of buildings is evaluated, and all standards and all criteria for any feature of a planned unit development must be set forth in that ordinance with sufficient certainty to provide [work] criteria by which specific proposals for a planned unit development can be evaluated.
2. Standards in the ordinance must not unreasonably restrict the ability of the landowner to relate the plan to the particular site and to the particular demand for housing existing at the time of development.
Sec. 8. NRS 278A.250 is hereby amended to read as follows:
278A.250 The minimum site area is 5 acres [, except that] unless the governing body [may waive this minimum when proper planning justification is shown.] provides otherwise in the ordinance.
Sec. 9. NRS 278A.320 is hereby amended to read as follows:
278A.320 A minimum of one parking space shall be provided for each dwelling unit [.] unless the governing body provides otherwise in the ordinance.
Sec. 10. NRS 278A.380 is hereby amended to read as follows:
278A.380 1. The enforcement and modification of the [provisions of the] plan as finally approved, whether or not [these are] the plan is recorded by plat, covenant, easement or otherwise, are subject to the ordinance adopted pursuant to this chapter and the provisions contained in NRS 278A.390, 278A.400 and 278A.410.
κ2021 Statutes of Nevada, Page 1033 (CHAPTER 222, SB 138)κ
ordinance adopted pursuant to this chapter and the provisions contained in NRS 278A.390, 278A.400 and 278A.410.
2. [The enforcement and modification of the provisions of the plan must be to further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan as finally approved.] The enforcement and modification of [provisions] the plan must [be drawn also to insure that modifications, if any, in the plan will] not impair the reasonable reliance of the residents and owners upon the [provisions of the] plan or result in changes that would adversely affect the public interest.
Secs. 11 and 12. (Deleted by amendment.)
Sec. 13. NRS 278A.410 is hereby amended to read as follows:
278A.410 All provisions of the plan authorized to be enforced by the city or county may be modified, removed or released by the city or county, except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:
1. No such modification, removal or release of the provisions of the plan by the city or county may affect the rights of the residents of the planned unit residential development to maintain and enforce those provisions.
2. [No] Except as otherwise provided in subsection 3, no modification, removal or release of the provisions of the plan by the city or county is permitted except upon a finding by the city or county, following a public hearing , that [it:] the modification, removal or release:
(a) [Is consistent with the efficient development and preservation of the entire planned unit development;
(b)] Does not adversely affect either the enjoyment of land within, abutting upon or across a street from the planned unit development or the public interest; and
[(c)] (b) Is not granted solely to confer a private benefit upon any person.
3. A city or county may approve a modification, removal or release of the provisions of a plan without a public hearing upon application by or on behalf of a landowner to modify, remove or release the provisions of the plan if:
(a) The plan does not include any residential development;
(b) The modification, removal or release does not propose to add any new residential development; and
(c) The city or county determines that such modification, removal or release:
(1) Is minor in nature, as defined in the ordinance;
(2) Substantially complies with the plan; and
(3) Does not require the vacation or abandonment of any street, public sidewalk, pedestrian right of way or drainage easement.
Sec. 14. NRS 278A.430 is hereby amended to read as follows:
278A.430 1. In order to provide an expeditious method for processing a plan for a planned unit development under the terms of an ordinance enacted pursuant to the powers granted under this chapter, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval by a multiplicity of local procedures of a plat or subdivision or resubdivision, as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration must be consistent with the provisions set out in this section and NRS 278A.440 to 278A.590, inclusive.
κ2021 Statutes of Nevada, Page 1034 (CHAPTER 222, SB 138)κ
otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration must be consistent with the provisions set out in this section and NRS 278A.440 to 278A.590, inclusive.
2. Unless otherwise provided in the ordinance, a tentative approval of the plan for a planned unit development is not required. If the ordinance requires both tentative and final approval, the city or county shall comply with the procedures set forth in this section and NRS 278A.440 to 278A.590, inclusive, for granting tentative approval and final approval of the plan.
Sec. 15. NRS 278A.440 is hereby amended to read as follows:
278A.440 An application for tentative or final approval of the plan for a planned unit development must be filed by or on behalf of the landowner.
Sec. 16. NRS 278A.450 is hereby amended to read as follows:
278A.450 1. The [ordinance enacted pursuant to this chapter must designate the] form of the application for tentative or final approval [, the fee for filing the application] and the official of the city or county with whom the application is to be filed [.] must be:
(a) Set forth in the ordinance enacted pursuant to this chapter; or
(b) Published and made publicly available by the city or county.
2. The fee for filing the application must be:
(a) Set forth in the ordinance enacted pursuant to this chapter; or
(b) Published and made publicly available by the city or county.
3. [The] If the ordinance requires both tentative and final approval, the application for tentative approval may include a tentative map. If a tentative map is included, tentative approval may not be granted pursuant to NRS 278A.490 until the tentative map has been submitted for review and comment by the agencies specified in NRS 278.335.
Sec. 17. NRS 278A.470 is hereby amended to read as follows:
278A.470 The ordinance may require such information in the application as is reasonably necessary to disclose to the city or county:
1. The location and size of the site and the nature of the landowners interest in the land proposed to be developed.
2. The density of land use to be allocated to parts of the site to be developed.
3. The location and size of any common open space and the form of organization proposed to own and maintain any common open space.
4. The use and the approximate height, bulk and location of buildings and other structures.
5. The ratio of residential to nonresidential use.
6. The feasibility of proposals for disposition of sanitary waste and storm water.
7. The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
8. The provisions for parking of vehicles and the location and width of proposed streets and public ways.
9. The required modifications in the municipal land use regulations otherwise applicable to the subject property.
10. In the case of plans which call for development over a period of years, a schedule showing the proposed times within which additional applications for [final] approval of all sections of the planned unit development are intended to be filed.
κ2021 Statutes of Nevada, Page 1035 (CHAPTER 222, SB 138)κ
additional applications for [final] approval of all sections of the planned unit development are intended to be filed.
Sec. 18. NRS 278A.490 is hereby amended to read as follows:
278A.490 The city or county shall, following the conclusion of the public hearing provided for in NRS 278A.480 [, by minute action:] :
1. Grant tentative or final approval of the plan as submitted;
2. Grant tentative or final approval subject to specified conditions not included in the plan as submitted; or
3. Deny tentative or final approval to the plan.
Κ If tentative or final approval is granted, with regard to the plan as submitted or with regard to the plan with conditions, the city or county [shall,] may, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval [.] or be included in the approved plan.
Sec. 19. NRS 278A.500 is hereby amended to read as follows:
278A.500 The grant or denial of tentative or final approval by minute action must set forth the reasons for the grant, with or without conditions, or for the denial, and the minutes must set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings on the following:
1. In what respects the plan is or is not consistent with [the] :
(a) The statement of objectives of a planned unit development [.] ; and
(b) The master plan adopted pursuant to NRS 278.150.
2. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the property, including but not limited to density, bulk and use, and the reasons why these departures are or are not deemed to be in the public interest.
3. The ratio of residential to nonresidential use in the planned unit development.
4. The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
5. The physical design of the plan and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
6. The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established.
7. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public, residents and owners of the planned unit development in the integrity of the plan.
Sec. 20. NRS 278A.520 is hereby amended to read as follows:
278A.520 1. A copy of the minutes must be mailed to the landowner.
2. Tentative approval of a plan does not qualify a plat of the planned unit development for recording or authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner, may not be modified, revoked or otherwise impaired by action of the city or county pending an application for final approval, without the consent of the landowner.
κ2021 Statutes of Nevada, Page 1036 (CHAPTER 222, SB 138)κ
otherwise impaired by action of the city or county pending an application for final approval, without the consent of the landowner. Impairment by action of the city or county is not stayed if an application for final approval has not been filed, or in the case of development over a period of years applications for approval of the several parts have not been filed, within the time specified in the minutes granting tentative approval.
3. [The tentative approval must] Before a plan is recorded or, if the ordinance requires both tentative and final approval, before final approval of the plan is granted, approval of a plan may be revoked and [the portion of] the area included in the plan [for which final approval has not been given] is subject to local ordinances if:
(a) The landowner elects to abandon the plan or any part thereof, and so notifies the city or county in writing; or
(b) The landowner fails to file application for the final approval or record the plan within the [required] time [.] required by the ordinance enacted by the city or county.
Sec. 21. NRS 278A.570 is hereby amended to read as follows:
278A.570 1. A plan which has been given final approval by the city or county [,] must be certified without delay by the city or county and filed of record in the office of the appropriate county recorder before any development occurs in accordance with that plan. A county recorder shall not file for record any final plan unless it includes:
(a) A final map of the entire final plan or an identifiable phase of the final plan if required by the provisions of NRS 278.010 to 278.630, inclusive;
(b) The certifications required pursuant to NRS 116.2109; and
(c) The same certificates of approval as are required under NRS 278.377 or evidence that:
(1) The approvals were requested more than 30 days before the date on which the request for filing is made; and
(2) The agency has not refused its approval.
2. Except as otherwise provided in this subsection, after the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply. If the development is completed in identifiable phases, then each phase can be recorded. The zoning and subdivision regulations cease to apply after the recordation of each phase to the extent necessary to allow development of that phase.
3. Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of [the landowner.] any landowners affected by the modification and in accordance with the provisions of NRS 278A.410.
4. For the recording or filing of any final map, plat or plan, the county recorder shall collect a fee of $50 for the first sheet of the map, plat or plan plus $10 for each additional sheet. The fee must be deposited in the general fund of the county where it is collected.
Secs. 22-24. (Deleted by amendment.)
Sec. 25. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1037κ
Senate Bill No. 204Senator Denis
CHAPTER 223
[Approved: May 30, 2021]
AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to issue a card, certificate or license in electronic form; authorizing the Department to establish an electronic branch office; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to maintain branch offices throughout the State as necessary for the efficient operation of the Department. (NRS 481.055) Section 2 of this bill authorizes the Department to establish an electronic branch office in the form of an Internet website or software application through which the Department can accept documentation from the public and conduct transactions which the Director of the Department deems suitable to be conducted through electronic means.
Section 1 of this bill authorizes the Department to issue an electronic version of a card, certificate or license which has been issued by the Department in physical form if the Director of the Department determines that the class of card, certificate or license is suitable for issuance in electronic form. Section 1 requires a person who has been issued an electronic card, certificate or license to have the physical card, certificate or license in his or her possession when operating a motor vehicle.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department may issue to a person who holds or is issued a valid card, certificate or license issued by the Department an electronic version of the same card, certificate or license if the Director determines that the class of card, certificate or license is suitable for issuance in electronic form. The Department may not issue an electronic card, certificate or license except to a person who already holds or who is simultaneously issued a physical version of the same card, certificate or license.
2. Except as otherwise provided in NRS 482.255 and any other specific statute, a person who has been issued a card, certificate or license in electronic form shall have the physical version of the card, certificate or license in his or her possession at all times when operating a motor vehicle under a circumstance in which the card, certificate or license is required.
Sec. 2. NRS 481.055 is hereby amended to read as follows:
481.055 1. The Department shall keep its main office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration.
2. The Department may maintain such branch offices throughout the State as the Director may deem necessary to the efficient operation of the Department and the various divisions thereof in space provided by the Buildings and Grounds Section.
κ2021 Statutes of Nevada, Page 1038 (CHAPTER 223, SB 204)κ
the Department and the various divisions thereof in space provided by the Buildings and Grounds Section. Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
3. The Department may establish an electronic branch office consisting of an Internet website or software application through which, notwithstanding any specific statute to the contrary, a person may submit forms, applications and other documentation and the Department may conduct transactions that have been designated by the Director as suitable to be conducted through electronic means. The Department shall not conduct a transaction through the electronic branch office which state or federal law specifically requires to be conducted in person or accept documentation through the electronic branch office which state or federal law specifically requires to be presented in original form.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 268Senator D. Harris
CHAPTER 224
[Approved: May 30, 2021]
AN ACT relating to state financial administration; requiring the Fiscal Analysis Division of the Legislative Counsel Bureau, to the extent of available resources, to perform a budget stress test biennially and submit and cause the posting of a report of the results of the test; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Fiscal Analysis Division of the Legislative Counsel Bureau is required to perform various general duties relating to the financial administration of the State. (NRS 218F.600) This bill requires the Fiscal Analysis Division to: (1) perform a budget stress test in each even-numbered year, to the extent of available resources, comparing the estimated future revenue to, and the estimated future expenditure from, the major funds in the State Treasury under various potential economic conditions; (2) submit a report of the results of the test to the Governor and Legislature; and (3) cause a copy of the report to be posted on the Internet website of the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218F.600 is hereby amended to read as follows:
218F.600 1. The Fiscal Analysis Division consists of the Senate Fiscal Analyst, the Assembly Fiscal Analyst and such additional staff as the performance of their duties may require.
2. The Fiscal Analysis Division shall:
κ2021 Statutes of Nevada, Page 1039 (CHAPTER 224, SB 268)κ
(a) Thoroughly examine all agencies of the State with special regard to their activities and the duplication of efforts between them.
(b) Recommend to the Legislature any suggested changes looking toward economy and the elimination of inefficiency in government.
(c) Ascertain facts and make recommendations to the Legislature concerning the budget of the State and the estimates of the expenditure requirements of the agencies of the State.
(d) Make projections of future public revenues for the use of the Legislature.
(e) Analyze the history and probable future trend of the States financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.
(f) To the extent of available resources, perform a budget stress test in each even-numbered year comparing the estimated future revenue to, and the estimated future expenditure from, the major funds in the State Treasury under various potential economic conditions and submit a report regarding the results of the test to the Governor and the Legislature. The Fiscal Analysis Division shall cause a copy of any such report to be posted on the Internet website of the Legislature.
(g) Analyze appropriation bills, revenue bills and bills having a fiscal impact upon the operation of the government of the State of Nevada or its political subdivisions.
[(g)] (h) Advise the Legislature and its members and committees regarding matters of a fiscal nature.
[(h)] (i) Perform such other functions as may be assigned to the Fiscal Analysis Division by the Legislature, the Legislative Commission or the Director.
Sec. 2. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1040κ
Senate Bill No. 284Senator Ratti
CHAPTER 225
[Approved: May 30, 2021]
AN ACT relating to taxation; revising the procedure for applying for and issuing transferable tax credits for affordable housing; requiring the recapture of transferable tax credits under certain circumstances; revising provisions limiting the amount of transferable tax credits for affordable housing that may be issued; eliminating the prospective expiration of the program of transferable tax credits for affordable housing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Housing Division of the Department of Business and Industry to issue transferable tax credits that are authorized to be taken against certain state taxes to the sponsor of a project for the acquisition, development, construction, improvement, expansion, reconstruction or rehabilitation of low-income housing, as defined by existing federal law. (NRS 360.860-360.870; 26 U.S.C. § 42(g))
Existing law requires a project sponsor who is applying for such transferable tax credits to submit to the Division, upon the completion of the project, a final application, a certification of costs and such other information as the Division may deem necessary to determine whether the project qualifies for the issuance of transferable tax credits. (NRS 360.867) Section 1 of this bill revises the procedure for the issuance of transferable tax credits so that transferable tax credits are issued before, rather than after, the project is completed. Specifically, section 1 requires the final application for transferable tax credits to be submitted not less than 45 days before the project is closed rather than upon completion of the project. Section 1 further requires that, upon completion of the project: (1) the project sponsor must submit to the Division a certification of costs of the project and such other information as the Division deems necessary to determine the final cost of the project; (2) the Division must determine, based on the final cost of the project as indicated in the certification of costs, whether the amount of transferable tax credits issued to the project sponsor is greater than the amount of transferable tax credits to which the project sponsor is entitled; (3) the Division must notify the project sponsor, the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board if the Division determines that the project sponsor is not entitled to any portion of the transferable tax credits issued to the project sponsor; and (4) the project sponsor is required to repay to the Department of Taxation or the Nevada Gaming Control Board, as applicable, the amount of transferable tax credits to which the project sponsor is not entitled. Finally, section 1 authorizes an entity to which a project sponsor transfers transferable tax credits to transfer those tax credits to one or more of its subsidiaries or affiliates and requires the entity to notify the Division of such a transfer.
Existing law prohibits the Division from approving an application for transferable tax credits that is submitted after July 1, 2023, and provides for the expiration of the program of transferable tax credits for affordable housing on January 1, 2030. (NRS 360.868; section 14 of chapter 594, Statutes of Nevada 2019, at page 3766) Section 2 of this bill removes the prohibition against approving an application received after July 1, 2023. Section 2 prohibits the Division from approving an application for transferable tax credits if doing so would cause the total amount of transferable tax credits approved over the lifetime of the program of transferable tax credits for affordable housing to exceed $40,000,000. Section 3 of this bill removes the expiration date for the program of transferable tax credits for affordable housing.
κ2021 Statutes of Nevada, Page 1041 (CHAPTER 225, SB 284)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.867 is hereby amended to read as follows:
360.867 1. On behalf of a project, the project sponsor may apply to the Division for a certificate of eligibility for transferable tax credits which may be applied to:
(a) Any tax imposed by chapter 363A or 363B of NRS;
(b) The gaming license fees imposed by the provisions of NRS 463.370;
(c) Any tax imposed by chapter 680B of NRS; or
(d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).
2. To apply for a certificate of eligibility for transferable tax credits, the project sponsor must:
(a) Submit an application on a form prescribed by the Division; and
(b) Comply with the requirements to obtain an allocation of federal low-income housing tax credits which are set forth in the qualified allocation plan.
3. The Division shall:
(a) Review each application for a certificate of eligibility for transferable tax credits submitted pursuant to subsection 2 and any supporting documents to determine whether the requirements for eligibility for a reservation of transferable tax credits are met and the amount of transferable tax credit threshold points awarded to the project;
(b) Determine the amount of transferable tax credits for which the project may be eligible, which amount must equal the amount determined by the Division to be necessary to make the project financially feasible after considering all other sources of financing for the project; and
(c) Reserve the amount of transferable tax credits for which each project is determined to be eligible pursuant to paragraph (b) in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) until a reservation is made for each project or the amount of transferable credits reserved for the fiscal year is equal to the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to NRS 360.868, whichever occurs first. If the amount of transferable tax credits reserved for the fiscal year reaches the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to NRS 360.868 before each eligible project is reserved the full amount of transferable tax credits for which it is determined to be eligible pursuant to paragraph (b), the Division may take any action that the Division determines will ensure the maximum development of affordable housing in this State, including, without limitation, proportionally reducing the reservation of each project for which transferable tax credits are reserved or reserving for the last project to receive a reservation of transferable tax credits an amount of transferable tax credits that is less than the full amount of transferable tax credits for which the project was determined to be eligible pursuant to paragraph (b).
4. If the Division reserves transferable tax credits for a project pursuant to subsection 3, the Division shall provide written notice of the reservation which identifies the amount of the tax credits reserved for the project to:
κ2021 Statutes of Nevada, Page 1042 (CHAPTER 225, SB 284)κ
(a) The project sponsor;
(b) The Department;
(c) The Nevada Gaming Control Board;
(d) The Office of Finance; and
(e) The Fiscal Analysis Division of the Legislative Counsel Bureau.
5. The Division:
(a) Shall terminate a reservation of transferable tax credits if the project for which the reservation is awarded is not closed within the period specified in paragraph (a) of subsection 6 unless, before the expiration of that period, the Division receives from the project sponsor a written request for an extension of not more than 45 days. The Division may grant only one extension pursuant to this paragraph and, if the project is not closed before the expiration of the extension period, the Division must terminate the reservation of transferable tax credits. A request for an extension submitted pursuant to this paragraph must be accompanied by proof satisfactory to the Division that:
(1) The requirements for financing the project have been substantially completed;
(2) The delay in closing was the result of circumstances that could not have been anticipated by and were outside the control of the project sponsor at the time the application was submitted by the project sponsor; and
(3) The project will be closed not later than 45 days after the Division receives the request.
(b) May terminate a reservation of transferable tax credits if the Division determines that any event, circumstance or condition occurs for which a reservation of federal low-income housing tax credits may be terminated. If transferable tax credits are terminated pursuant to this paragraph, the Division may issue a reservation for the amount of transferable tax credits terminated to other projects eligible for transferable tax credits in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) of subsection 3.
6. Except as otherwise provided in this section, to be issued transferable tax credits:
(a) Not later than 270 days after the Division provides written notice of the reservation of transferable tax credits pursuant to subsection 4, the project sponsor must demonstrate to the Division that the project has been closed by providing proof satisfactory to the Division that the project sponsor has:
(1) Purchased and holds title in fee simple to the project site in the name of the project sponsor.
(2) Entered into a written agreement with a contractor who is licensed in this State to begin construction.
(3) Obtained adequate financing for the construction of the project. The applicant must provide written commitments or contracts from third parties.
(4) Executed a written commitment for a loan for permanent financing for the construction of the project in an amount that ensures the financial feasibility of the project. The commitment may be subject to the condition that the construction is completed and the project is appraised for an amount sufficient to justify the loan in accordance with the requirements of the lender for credit. If the project is a rural development project that receives loans or grants from the United States Department of Agriculture, the applicant must provide a form approved by the Division that indicates that money has been obligated for the construction of the project before the expiration of the period.
κ2021 Statutes of Nevada, Page 1043 (CHAPTER 225, SB 284)κ
the applicant must provide a form approved by the Division that indicates that money has been obligated for the construction of the project before the expiration of the period. An advance of that money is not required before the expiration of the period.
(b) [Upon completion of the project,] Not less than 45 days before the project is closed, the project sponsor must submit to the Division a final application for transferable tax credits on a form provided by the Division [, a certification of costs on a form provided by the Division] and such other information as the Division deems necessary to determine whether the project qualifies for the issuance of transferable tax credits. Upon receipt of a final application pursuant to this paragraph, the Division shall complete a review of the project [,] and the project sponsor . [and the certification of costs.] If, after such review, the Division determines that the project complies with the requirements upon which transferable tax credits were reserved pursuant to this section and a declaration of restrictive covenants and conditions [has been] will be recorded in the office of the county recorder for the county in which the project is located:
(1) The Division shall:
(I) Determine the appropriate amount of transferable tax credits for the project, which must be the amount the Division determines is necessary to make the project financially feasible after all other sources of funding are allocated and paid toward the final cost of the project [indicated in the certification of costs] and may not exceed the amount of transferable tax credits reserved for the project pursuant to this section; and
(II) Notify the project sponsor that the transferable tax credits will be issued;
(2) Within 30 days after the receipt of the notice, the project sponsor shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in subsection 1, thereby accounting for all of the credits which will be issued; and
(3) Upon receipt of the declaration described in subparagraph (2), issue transferable tax credits to the project sponsor in the amount approved by the Division. The project sponsor shall notify the Division upon transferring any transferable tax credits. An entity to which a project sponsor transfers any transferable tax credits may transfer those transferable tax credits to one or more of its subsidiaries or affiliates and shall notify the Division upon making any such transfer. The Division shall notify the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and of all transferable tax credits transferred, segregated by each fee or tax set forth in subsection 1.
7. Upon completion of the project, the project sponsor shall submit to the Division a certification of costs on a form provided by the Division and such other information as the Division deems necessary to determine the final cost of the project. If, based upon the final cost of the project indicated in the certification of costs, the Division determines that the amount of transferable tax credits issued by the Division to the project sponsor is greater than the amount of transferable tax credits to which the project sponsor is entitled:
(a) The Division shall notify the project sponsor, the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board that the project sponsor is required to repay the portion of the transferable tax credits to which the project sponsor is not entitled.
κ2021 Statutes of Nevada, Page 1044 (CHAPTER 225, SB 284)κ
Legislative Counsel Bureau and the Nevada Gaming Control Board that the project sponsor is required to repay the portion of the transferable tax credits to which the project sponsor is not entitled. The notice must specify the amount of transferable tax credits that the project sponsor is required to repay.
(b) The project sponsor shall repay to the Department of Taxation or the Nevada Gaming Control Board, as applicable, the portion of the transferable tax credits to which the project sponsor is not entitled.
8. The project sponsor may submit a request to the Administrator of the Division to protect from disclosure any information in the application which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Administrator of the Division shall determine whether to protect the information from disclosure. The decision of the Administrator of the Division is final and is not subject to judicial review. If the Administrator of the Division determines to protect the information from disclosure, the protected information:
(a) Is confidential proprietary information of the business;
(b) Is not a public record;
(c) Must be redacted by the Administrator of the Division from any copy of the application that is disclosed to the public; and
(d) Must not be disclosed to any person who is not an officer or employee of the Division unless the lead participant consents to the disclosure.
[8.] 9. The Division may adopt any regulations necessary to carry out the provisions of NRS 360.860 to 360.870, inclusive.
[9.] 10. The Nevada Tax Commission and the Nevada Gaming Commission:
(a) Shall adopt regulations prescribing the manner in which transferable tax credits described in this section will be administered.
(b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.860 to 360.870, inclusive.
[10.] 11. As used in this section:
(a) Affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a specified person.
(b) Certification of costs means a report from an independent certified public accountant attesting:
(1) To the amount of the actual costs of construction of the project; and
(2) That those costs may be included in the eligible basis of the project pursuant to the provisions of 26 U.S.C. § 42.
[(b)] (c) Subsidiary means an entity in which a person owns beneficially or of record 50 percent or more of the outstanding equity interests.
(d) Transferable tax credit threshold points means points awarded based on specific objectives determined by the Division through the dissemination of a strategic plan for the development of affordable housing created by the Division, the review of housing data and the receipt of input from persons interested in the development of affordable housing.
κ2021 Statutes of Nevada, Page 1045 (CHAPTER 225, SB 284)κ
Sec. 2. NRS 360.868 is hereby amended to read as follows:
360.868 1. Except as otherwise provided in this subsection, the Division shall not approve any application for transferable tax credits submitted pursuant to NRS 360.867 if:
(a) Approval of the application would cause the total amount of transferable tax credits approved pursuant to NRS 360.867 for each fiscal year to exceed $10,000,000. Any portion of the $10,000,000 per fiscal year for which transferable tax credits have not previously been approved may be carried forward and made available for approval during the next or any future fiscal year . [ending on or before June 30, 2023.] If the Division determines that approval of an application that would cause the total amount of transferable tax credits approved pursuant to NRS 360.867 in a fiscal year to exceed $10,000,000 is necessary to ensure the maximum development of affordable housing in this State through the approval of transferable tax credits pursuant to NRS 360.867, the Division may approve the application unless the approval of the application would cause the total amount of transferable tax credits approved pursuant to NRS 360.867 in the fiscal year to exceed $13,000,000. If the Division approves an application for transferable tax credits that causes the total amount of transferable tax credits approved pursuant to NRS 360.867 in a fiscal year to exceed $10,000,000, the Division must reduce the amount of transferable tax credits which may be approved pursuant to NRS 360.867 in the next fiscal year by the amount of transferable tax credits approved in excess of $10,000,000 in the previous fiscal year.
(b) [The Division receives the application on or after July 1, 2023.] Approval of the application would cause the total amount of transferable tax credits approved for all fiscal years pursuant to NRS 360.867 to exceed $40,000,000.
2. The transferable tax credits issued to a project sponsor pursuant to NRS 360.867 expire 4 years after the date on which the transferable tax credits are issued to the project sponsor.
Sec. 3. Section 14 of chapter 594, Statutes of Nevada 2019, at page 3766, is hereby amended to read as follows:
Sec. 14. This act [:
1. Becomes] becomes effective on July 1, 2019, for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2020, for all other purposes.
[2. Expires by limitation on January 1, 2030.]
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1046κ
Senate Bill No. 285Senator D. Harris
CHAPTER 226
[Approved: May 30, 2021]
AN ACT relating to transportation; revising the contents of the instruction required to be provided by a school for training drivers; revising provisions relating to a drivers duty of due care owed to bicycles, electric bicycles and electric scooters; revising provisions governing the overtaking and passing of bicycles, electric bicycles and electric scooters by motor vehicles; revising provisions governing the Complete Streets Programs; revising provisions governing certain considerations of the Department of Transportation in the plans, designs, construction and maintenance of highways; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person may not operate a school for training drivers, or engage in the business of giving instruction for hire in driving motor vehicles or in the preparation for an applicant for an examination by the Department of Motor Vehicles for a drivers license, unless the person has obtained a license to operate a school for training drivers from the Department. (NRS 483.700) Existing law also requires each course provided by a school for training drivers to include instruction in: (1) motor vehicle insurance; and (2) the effect of drugs and alcohol on an operator of a motor vehicle. (NRS 483.725) Section 1 of this bill requires the course to also provide instruction on the rules of the road relating to pedestrians and persons riding bicycles, electric bicycles and electric scooters.
Existing law requires the driver of a motor vehicle to exercise due care when overtaking or passing a bicycle, an electric bicycle or an electric scooter and: (1) if there is more than one lane for traffic proceeding in the same direction, move to the lane to the immediate left, if the lane is available and reasonably safe; and (2) if there is only one lane for traffic proceeding in the same direction, pass on the left at a prescribed safe distance and not move to the right side of the highway until the vehicle is safely clear of the bicycle, electric bicycle or electric scooter. (NRS 484B.270) Section 2 of this bill provides that if there is only one lane for traffic proceeding in the same direction, the driver, if it is safe, may pass at the prescribed safe distance to the left of the center of the highway, even in a no-passing zone, unless limited or prohibited by certain other restrictions or prohibitions on overtaking on the left side.
Under existing law, persons riding bicycles, electric bicycles and electric scooters are subject to certain duties and responsibilities when operating on the roadways of this State. (NRS 484B.760-484B.785) Existing law requires every person operating a bicycle, an electric bicycle or an electric scooter upon a roadway to ride as near to the right of the roadway as practicable except: (1) when traveling at a lawful rate of speed commensurate with the speed of any nearby traffic; (2) when preparing to turn left; or (3) when doing so would not be safe. (NRS 484B.777) Section 3 of this bill sets forth the conditions under which it is not safe to operate a bicycle, an electric bicycle or an electric scooter as near to the right of the roadway as practicable.
Under existing law, in a county whose population is 100,000 or more (currently Clark and Washoe Counties) and in which a regional transportation commission does not exist, the board of county commissioners may adopt a Complete Streets Program and plan and carry out projects as part of the Program. (NRS 244.2641-244.2645) In all counties with a regional transportation commission, existing law authorizes the regional transportation commission to adopt a Complete Streets Program and plan and carry out projects as part of the Program. (NRS 277A.285) A board of county highway commissioners may also adopt a policy for a Complete Streets Program and plan and carry out projects as part of the Program.
κ2021 Statutes of Nevada, Page 1047 (CHAPTER 226, SB 285)κ
plan and carry out projects as part of the Program. (NRS 403.575) Sections 4-6 of this bill require, to the extent practicable, any projects of a Complete Streets Program to integrate bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of roads. Sections 4-6 also expand the definition of Complete Streets Program to include various users of roads that are under the jurisdiction of the applicable Complete Streets Program.
Existing law requires the Department of Transportation to, in accordance with appropriate standards of design: (1) integrate the consideration of motor vehicle recovery lanes and bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of highways; and (2) to the extent practicable, integrate the consideration of periodic turnouts for slower vehicles in plans, designs, construction and maintenance of highways that have one lane for traveling in each direction. (NRS 408.321) Section 7 of this bill expands these requirements by including the consideration of users of roadways of all ages and abilities.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.725 is hereby amended to read as follows:
483.725 1. Except as otherwise provided in NRS 483.727, each course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, must include, without limitation, instruction in:
(a) Motor vehicle insurance.
(b) The effect of drugs and alcohol on an operator of a motor vehicle.
(c) Rules of the road relating to pedestrians and persons riding bicycles, electric bicycles and electric scooters.
2. If a course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, consists in whole or in part of classroom instruction, that part of the course which consists of classroom instruction may be taught interactively through the use of communications technology so that persons taking the course need not be physically present in a classroom.
3. The Department shall adopt regulations to carry out the provisions of subsection 2. The regulations must include, without limitation:
(a) Provisions for the licensing and operation of interactive courses that use communications technology;
(b) Provisions to ensure that interactive courses which use communications technology are secure, reliable and include measures for testing and security that are at least as secure as the measures for testing and security which would be available in an ordinary classroom; and
(c) Standards to ensure that interactive courses which use communications technology offer a curriculum that is at least as stringent as the curriculum which would be available in an ordinary classroom.
4. As used in this section, communications technology means any method or component, or both, that is used by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, to carry out or facilitate the transmission of information, including, without limitation, the transmission and reception of information by:
(a) Systems based on the following technologies:
(1) Video;
(2) Wire;
κ2021 Statutes of Nevada, Page 1048 (CHAPTER 226, SB 285)κ
(3) Cable;
(4) Radio;
(5) Microwave;
(6) Light; or
(7) Optics; and
(b) Computer data networks, including, without limitation, the Internet or its successor, if any, and intranet services.
Sec. 2. NRS 484B.270 is hereby amended to read as follows:
484B.270 1. The driver of a motor vehicle shall not intentionally interfere with the movement of a person lawfully riding a bicycle, an electric bicycle or an electric scooter.
2. When overtaking or passing a bicycle, an electric bicycle or an electric scooter proceeding in the same direction, the driver of a motor vehicle shall exercise due care and:
(a) If there is more than one lane for traffic proceeding in the same direction, move the vehicle to the lane to the immediate left, if the lane is available and moving into the lane is reasonably safe; or
(b) If there is only one lane for traffic proceeding in the same direction, pass to the left of the bicycle, electric bicycle or electric scooter at a safe distance, which must be not less than 3 feet between any portion of the vehicle and the bicycle, electric bicycle or electric scooter, and shall not move again to the right side of the highway until the vehicle is safely clear of the overtaken bicycle, electric bicycle or electric scooter. Except as otherwise provided in NRS 484B.213 and 484B.217, when passing to the left of a bicycle, electric bicycle or electric scooter at a safe distance of not less than 3 feet between any portion of the vehicle and the bicycle, electric bicycle or electric scooter, this paragraph authorizes the driver, if it is safe, to pass:
(1) To the left of the center of the highway.
(2) In a no-passing zone.
3. The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle, an electric bicycle or an electric scooter or a pedestrian as provided in subsection 6 of NRS 484B.297 on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles, electric bicycles or electric scooters except:
(a) When entering or exiting an alley or driveway;
(b) When operating or parking a disabled vehicle;
(c) To avoid conflict with other traffic;
(d) In the performance of official duties;
(e) In compliance with the directions of a police officer; or
(f) In an emergency.
4. Except as otherwise provided in subsection 3, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles, electric bicycles or electric scooters.
5. The driver of a motor vehicle shall:
(a) Exercise due care to avoid a collision with a person riding a bicycle, an electric bicycle or an electric scooter; and
(b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.
6. If, while violating any provision of subsections 1 to 5, inclusive, the driver of a motor vehicle is the proximate cause of a collision with a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.
κ2021 Statutes of Nevada, Page 1049 (CHAPTER 226, SB 285)κ
7. The operator of a bicycle, an electric bicycle or an electric scooter shall not:
(a) Intentionally interfere with the movement of a motor vehicle; or
(b) Overtake and pass a motor vehicle unless the operator can do so safely without endangering himself or herself or the occupants of the motor vehicle.
Sec. 3. NRS 484B.777 is hereby amended to read as follows:
484B.777 1. Every person operating a bicycle, an electric bicycle or an electric scooter upon a roadway shall, except:
(a) When traveling at a lawful rate of speed commensurate with the speed of any nearby traffic;
(b) When preparing to turn left; or
(c) When doing so would not be safe,
Κ ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
2. For purposes of paragraph (c) of subsection 1, the conditions under which it is not safe to operate a bicycle, an electric bicycle or an electric scooter as near to the right side of the roadway as practicable include, without limitation:
(a) When fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals or surface hazards impede access to the right side of the roadway.
(b) When a lane is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
[2.] 3. Persons riding bicycles, electric bicycles or electric scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles, electric bicycles and electric scooters.
Sec. 4. NRS 244.2643 is hereby amended to read as follows:
244.2643 1. In a county whose population is 100,000 or more and in which a regional transportation commission does not exist, the board of county commissioners may adopt a policy for a Complete Streets Program and may plan and carry out projects as a part of a Complete Streets Program. To the extent practicable, the projects must integrate bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of roads.
2. Any money received by a board of county commissioners pursuant to paragraph (b) of subsection 1 of NRS 482.1825 must be used solely for the execution of projects as a part of a Complete Streets Program.
3. A board of county commissioners must not cause or allow any portion of the Complete Streets Fund created pursuant to NRS 244.2645 to be used for a purpose other than those set forth in this section.
4. As used in this section, Complete Streets Program means a program for the retrofitting of roads that are under the jurisdiction of the board of county commissioners for the primary purpose of adding or significantly repairing facilities which provide road access considering all users [,] of all ages and abilities, including, without limitation, pedestrians, bicycle riders, movers of commercial goods, persons with [a disability, persons who use] disabilities, vehicles for public transportation and their passengers, older adults, children and motorists. The term includes the operation of a public transit system as part of a Complete Streets Program, but the term does not include the purchase of vehicles or other hardware for a public transit system.
κ2021 Statutes of Nevada, Page 1050 (CHAPTER 226, SB 285)κ
Sec. 5. NRS 277A.285 is hereby amended to read as follows:
277A.285 1. A commission may adopt a policy for a Complete Streets Program and may plan and carry out projects as a part of a Complete Streets Program. To the extent practicable, the projects must integrate bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of roads.
2. Any money received by a commission pursuant to paragraph (a) of subsection 1 of NRS 482.1825 must be used solely for the execution of projects as a part of a Complete Streets Program.
3. A commission must not cause or allow any portion of the Complete Streets Fund created pursuant to NRS 277A.240 to be used for a purpose other than those set forth in this section.
4. As used in this section, Complete Streets Program means a program for the retrofitting of streets or highways that are under the jurisdiction of the commission for the primary purpose of adding or significantly repairing facilities which provide street or highway access considering all users [,] of all ages and abilities, including, without limitation, pedestrians, bicycle riders, movers of commercial goods, persons with [a disability, persons who use] disabilities, vehicles for public transportation and their passengers, older adults, children and motorists. The term includes the operation of a public transit system as part of a Complete Streets Program, but the term does not include the purchase of vehicles or other hardware for a public transit system.
Sec. 6. NRS 403.575 is hereby amended to read as follows:
403.575 1. A board of county highway commissioners may adopt a policy for a Complete Streets Program and may plan and carry out projects as a part of a Complete Streets Program. To the extent practicable, the projects must integrate bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of roads.
2. Any money received by a board of county highway commissioners pursuant to paragraph (c) of subsection 1 of NRS 482.1825 must be used solely for the execution of projects as a part of a Complete Streets Program.
3. As used in this section, Complete Streets Program means a program for the retrofitting of roads that are under the jurisdiction of the board of county highway commissioners for the primary purpose of adding or significantly repairing facilities which provide road access considering all users [,] of all ages and abilities, including, without limitation, pedestrians, bicycle riders, movers of commercial goods, persons with [a disability, persons who use] disabilities, vehicles for public transportation and their passengers, older adults, children and motorists. The term includes the operation of a public transit system as part of a Complete Streets Program, but the term does not include the purchase of vehicles or other hardware for a public transit system.
Sec. 7. NRS 408.321 is hereby amended to read as follows:
408.321 The Department shall, in accordance with appropriate standards of design:
1. Integrate the consideration of users of roadways of all ages and abilities, including, without limitation, pedestrians, riders of bicycles, electric bicycles and electric scooters, movers of commercial goods, persons with disabilities, vehicles for public transportation and their passengers, older adults, children and drivers of motor vehicles into all plans, designs, construction and maintenance of highways;
κ2021 Statutes of Nevada, Page 1051 (CHAPTER 226, SB 285)κ
2. To the extent practicable, integrate the consideration of [motor vehicle recovery and] bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of highways; and
[2.] 3. To the extent practicable, integrate the consideration of motor vehicle recovery lanes and periodic turnouts for slower vehicles into plans, designs, construction and maintenance of highways that have one lane for traveling in each direction.
________
Senate Bill No. 303Senators Brooks and Spearman
CHAPTER 227
[Approved: May 30, 2021]
AN ACT relating to contractors; prohibiting a person from performing any work concerning residential photovoltaic systems used to produce electricity without the proper license or other authorization under state law; establishing certain requirements for work concerning residential photovoltaic systems and contracts relating thereto; requiring the State Contractors Board to adopt regulations establishing certain standards for advertisements for work concerning residential photovoltaic systems; providing that a contract for work concerning a residential photovoltaic system is not enforceable against an owner of a single-family residence under certain circumstances; authorizing the Board to require contractors who perform work concerning residential photovoltaic systems to obtain the services of a construction control, a performance bond or payment bond under certain circumstances; providing for penalties against a contractor who performs work concerning residential photovoltaic systems for certain violations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs the work of licensed contractors. (Chapter 624 of NRS) Sections 3-5 of this bill define the terms contract, contractor, electric utility, residential photovoltaic system and work concerning a residential photovoltaic system used to produce electricity for the purposes of certain provisions governing work concerning such systems and the licensees of the State Contractors Board who perform that work.
Section 6 of this bill prohibits a person from performing any work on residential photovoltaic systems used to produce electricity without the proper license or other authorization under state law.
Section 7 of this bill sets forth the requirements for: (1) all work concerning residential photovoltaic systems used to produce electricity; (2) the contractors who perform the work; and (3) the owner-builders who direct the work.
Section 8 of this bill sets forth contractual requirements for the performance of work concerning residential photovoltaic systems used to produce electricity.
Section 9 of this bill: (1) authorizes the State Contractors Board to adopt regulations establishing certain provisions which must be included in a contract for work concerning a residential photovoltaic system used to produce electricity; and (2) requires the contractor for such work to apply for and obtain all necessary permits and approvals.
κ2021 Statutes of Nevada, Page 1052 (CHAPTER 227, SB 303)κ
Section 10 of this bill: (1) establishes certain requirements and prohibitions relating to advertisements and solicitations for work concerning residential photovoltaic systems used to produce electricity; (2) requires the Board to adopt by regulation standards for advertisements for work concerning residential photovoltaic systems used to produce electricity; and (3) prohibits a contractor from certain uses of advertisements that do not comply with the standards adopted by the Board.
Section 12 of this bill sets forth certain circumstances under which a contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence.
Section 13 of this bill authorizes the Board to require a contractor to obtain the services of a construction control if the Board determines that the contractor has violated certain provisions of law or regulation.
Section 14 of this bill provides that a violation of any provision of sections 2-14 of this bill constitutes cause for disciplinary action against a contractor by the Board and may be reported to the Office of the Attorney General as a potential deceptive trade practice.
Existing law authorizes the Board to require a contractor who performs certain work to obtain performance and payment bonds if the contractor: (1) is determined by the Board to have committed certain violations; (2) enters into a contract that is later found to be void and unenforceable against an owner; or (3) has five valid complaints filed against him or her with the Board within a 15-day period. (NRS 624.270) Section 15 of this bill: (1) makes these provisions applicable to contractors who perform work concerning residential photovoltaic systems used to produce electricity; and (2) authorizes the Board to require a contractor who performs certain work to obtain performance and payment bonds if the contractor enters into a contract that is later voided by the owner of the single-family residence.
Existing law sets forth certain acts and omissions that constitute cause for disciplinary action against a contractor by the Board. (NRS 624.3016) Section 16 of this bill provides that a contractors failure to comply with certain provisions of this bill or regulations adopted by the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity constitutes cause for such disciplinary action.
Existing law sets forth the applicability of certain provisions governing construction controls. (NRS 627.175) Section 17 of this bill provides that those provisions apply to a contractor who is required to obtain the services of a construction control to perform work concerning residential photovoltaic systems used to produce electricity.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Contract means any contract or agreement as described in NRS 598.9801 to 598.9822, inclusive, in which a contractor agrees to perform work concerning a residential photovoltaic system used to produce electricity.
Sec. 4. Contractor means a person licensed pursuant to the provisions of this chapter who performs work concerning residential photovoltaic systems used to produce electricity.
κ2021 Statutes of Nevada, Page 1053 (CHAPTER 227, SB 303)κ
Sec. 4.3. Electric utility has the meaning ascribed to it in NRS 704.187.
Sec. 4.7. Residential photovoltaic system includes a distributed generation system as that term is defined in NRS 598.9804.
Sec. 5. 1. Work concerning a residential photovoltaic system used to produce electricity or work means any of the following acts:
(a) The construction, repair, maintenance, restoration, alteration or improvement of any photovoltaic system used to produce or store electricity on the customers side of an electric meter on a single-family residence, including, without limitation, the repair or replacement of existing equipment or the installation of new equipment, as necessary; or
(b) Any activity for the supervision concerning such work.
2. The scope of such work includes the installation, alteration and repair of photovoltaic cells, batteries, inverters and storage systems used in the conversion of solar energy into electricity and the storage of that electricity on the customers side of an electric meter on a single-family residence.
3. The term does not include:
(a) Education regarding solar photovoltaics;
(b) Energy audits; or
(c) The advertising or solicitation of such work.
Sec. 6. A person shall not, directly or indirectly, perform or offer to perform any work concerning a residential photovoltaic system used to produce electricity unless the person holds:
1. A license issued pursuant to this chapter which authorizes the person to perform such work; or
2. Any other license, certificate, registration or permit under state law which authorizes the person to perform such work.
Sec. 7. 1. Any contractor who performs work concerning a residential photovoltaic system used to produce electricity shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the single-family residence on which the work is being performed:
(a) Apply for and obtain all applicable permits for the work;
(b) Meet all applicable requirements imposed pursuant to this chapter and any regulations adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; and
(c) Meet all applicable requirements imposed by the Public Utilities Commission of Nevada or any system for the distribution of electricity to which the work will interconnect.
2. If a contractor performs work concerning a residential photovoltaic system used to produce electricity and the work is performed under the direction of a builder who is also the owner of the single-family residence on which the work is being performed, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors working on the work.
3. If work concerning a residential photovoltaic system used to produce electricity is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the single-family residence on which the work is being performed, a person shall not, directly or indirectly, perform or offer to perform any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts, unless the person holds:
κ2021 Statutes of Nevada, Page 1054 (CHAPTER 227, SB 303)κ
performed, a person shall not, directly or indirectly, perform or offer to perform any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself or herself out as being able to perform such acts, unless the person holds:
(a) A license issued pursuant to this chapter which authorizes the person to perform such acts; or
(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts.
Sec. 8. 1. A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential photovoltaic system used to produce electricity shall start the work within 30 days after the date all necessary permits for the work and all necessary approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect, if any, are issued, unless the person who made the payment agrees in writing to a longer period.
2. A contractor who receives money for work concerning a residential photovoltaic system used to produce electricity shall complete the work diligently and shall not refuse to perform any work agreed to in the contract for any 30-day period.
3. Except as otherwise provided in subsection 4, if satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish to the owner of the single-family residence on which the work was performed a full and unconditional release of the contractors claim for a mechanics lien for that portion of the work for which payment has been made.
4. The requirements of subsection 3 do not apply if the contract for the work provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.
5. A contract for work concerning a residential photovoltaic system used to produce electricity must contain a written statement explaining the rights of the customer under sections 2 to 14, inclusive, of this act and other relevant statutes, including, without limitation, NRS 598.9801 to 598.9822, inclusive.
6. A contractor may require final payment for the final stage or phase of the construction of a residential photovoltaic system used to produce electricity after the system is deemed complete and any required inspections are completed.
Sec. 9. 1. The Board may adopt by regulation mandatory elements to be included in all contracts to be used by contractors for work concerning a residential photovoltaic system used to produce electricity. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2021, any contract entered into between a contractor and the owner of a single-family residence for work concerning a residential photovoltaic system used to produce electricity must comply with the provisions of sections 2 to 14, inclusive, of this act and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of sections 2 to 14, inclusive, of this act and all applicable regulations adopted by the Board is voidable by the owner of the single-family residence.
κ2021 Statutes of Nevada, Page 1055 (CHAPTER 227, SB 303)κ
2. Any contract for work concerning a residential photovoltaic system used to produce electricity must contain in writing at least the following information:
(a) The name of the contractor, his or her address and contractors license number and the monetary limit on that license.
(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.
(c) The date of execution of the contract.
(d) The estimated date of completion of all work to be performed under the contract.
(e) A description of the work to be performed under the contract.
(f) The total amount to be paid to the contractor by the owner of the single-family residence for all work to be performed under the contract, including all applicable taxes.
(g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the contractor by the owner before the start of construction.
(h) A statement that the contractor has provided the owner of the single-family residence with the notice and informational form required by NRS 624.600.
(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner of the single-family residence who is contracting for work concerning a residential photovoltaic system used to produce electricity unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner of the single-family residence.
(j) For a project of new work concerning a residential photovoltaic system used to produce electricity, a plan and scale drawing showing the shape, size and dimensions of and the specifications for the construction and equipment for the work specified in the contract, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a residential photovoltaic system used to produce electricity, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.
(k) Except as otherwise provided in this subsection and subsection 3, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments from the owner of the single-family residence during the course of construction under a contract for the installation of a residential photovoltaic system used to produce electricity. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit. With respect to a contract executed before October 1, 2021, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or any regulations adopted pursuant thereto:
κ2021 Statutes of Nevada, Page 1056 (CHAPTER 227, SB 303)κ
forth in the contract does not comply with the provisions of this chapter or any regulations adopted pursuant thereto:
(1) The obligation of the owner of the single-family residence to make payments in accordance with the payment schedule is voidable; and
(2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.
(l) If a contract with the owner of a single-family residence for the installation of a residential photovoltaic system used to produce electricity provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).
(m) A disclosure of the retail price of a kilowatt-hour, any offsetting tariff and the identity of the electric utility that furnishes electric service to the single-family residence at the time the contract is executed.
Κ Except as otherwise provided in subsection 6, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.
3. The provisions of paragraph (k) of subsection 2 do not apply if:
(a) The contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project;
(b) The contractor builds a residential photovoltaic system used to produce electricity as part of the original building plan pursuant to which the contractor builds a single-family residence on the premises; or
(c) The owner of the single-family residence has:
(1) Purchased the residential photovoltaic system used to produce electricity pursuant to a power purchase agreement as defined in NRS 598.9807; or
(2) Leased the residential photovoltaic system used to produce electricity pursuant to a monthly lease contract.
4. The contract must contain:
(a) A method whereby the owner of the single-family residence may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.
(b) In close proximity to the signatures of the owner of the single-family residence and the contractor, a notice stating that the owner of the single-family residence:
(1) May contact the Board or the Public Utilities Commission of Nevada if assistance is needed to clarify any of the provisions of the contract that the owner of the single-family residence does not fully understand;
(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270;
(3) May contact an attorney for an explanation of the rights of the owner of the single-family residence under the contract; and
(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.
5. At the time the owner of the single-family residence signs the contract, the contractor shall furnish to the owner of the single-family residence a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence.
κ2021 Statutes of Nevada, Page 1057 (CHAPTER 227, SB 303)κ
residence a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner of the single-family residence. All written information provided in the contract must be printed in at least 10-point type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.
6. A condition, stipulation or provision in a contract that requires a person to waive any right provided by this chapter or any regulations adopted pursuant thereto or relieves a person of an obligation or liability imposed by this chapter or those regulations is void. Failure to comply with the requirements of this section renders a contract voidable by the owner of the single-family residence.
7. The contractor shall apply for and obtain all necessary permits and approvals from an electric utility into whose system the residential photovoltaic system used to produce electricity will interconnect.
Sec. 10. 1. Advertisements and solicitations for work concerning a residential photovoltaic system used to produce electricity must be truthful and not materially misleading.
2. A person who makes an advertisement or solicitation for work concerning a residential photovoltaic system used to produce electricity shall not expressly or implicitly state that the person will perform the work, enter into a contract, express or implied, to perform the work or act as a contractor to perform the work unless the person holds:
(a) A license issued pursuant to this chapter which authorizes the person to perform the work; or
(b) Any other license, certificate, registration or permit under state law which authorizes the person to perform the work,
Κ as provided pursuant to section 6 of this act.
3. A contractor shall not cause to be published or display any advertisement that does not comply with the standards adopted by the Board pursuant to subsection 4.
4. The Board shall adopt by regulation standards for advertisements used by contractors in connection with the solicitation or sale of contracts for work concerning residential photovoltaic systems used to produce electricity.
Sec. 11. (Deleted by amendment.)
Sec. 12. 1. A contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence on which the work is being performed if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless both of the following requirements are satisfied:
(a) The owner of the single-family residence agrees to accept the loan or financing.
(b) The owner of the single-family residence does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.
2. Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:
κ2021 Statutes of Nevada, Page 1058 (CHAPTER 227, SB 303)κ
(a) Perform or deliver any work, labor, material or services; or
(b) Represent in any manner that the contract is enforceable or that the owner of the single-family residence has any obligation under the contract.
Sec. 13. 1. If a contractor who performs work concerning a residential photovoltaic system used to produce electricity is determined by the Board to have violated:
(a) One or more of the provisions of NRS 624.301 to 624.305, inclusive, or section 6, 8 or 9 of this act; or
(b) Any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity,
Κ the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for work concerning a residential photovoltaic system used to produce electricity.
2. The contractor may not:
(a) Be related to the construction control or to an employee or agent of the construction control; or
(b) Hold, directly or indirectly, a financial interest in the business of the construction control.
3. As used in this section, construction control has the meaning ascribed to it in NRS 627.050.
Sec. 14. 1. A violation of any provision of sections 2 to 14, inclusive, of this act or any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity by a contractor:
(a) Constitutes cause for disciplinary action pursuant to NRS 624.300; and
(b) May be reported to the Office of the Attorney General as a potential deceptive trade practice pursuant to chapter 598 of NRS.
2. It is unlawful for a person to violate any provision of sections 2 to 14, inclusive, of this act.
3. Any person who violates any provision of sections 2 to 14, inclusive, of this act, shall be penalized pursuant to the applicable provisions of NRS 624.700 and 624.750.
4. The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.
Sec. 15. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before issuing a contractors license to any applicant, the Board shall require that the applicant:
(a) File with the Board a surety bond in a form acceptable to the Board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that the applicants surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.
κ2021 Statutes of Nevada, Page 1059 (CHAPTER 227, SB 303)κ
3. Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.
4. Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractors financial and professional responsibility and the magnitude of the contractors operations, but must be not less than $1,000 or more than $500,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. A bond required by this section must be provided by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4:
(a) If evidence is presented to the Board supporting this requirement;
(b) Pursuant to subsection 6, after notification of a final written decision by the Labor Commissioner; or
(c) Pursuant to subsection 7.
Κ If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
6. If the Board is notified by the Labor Commissioner pursuant to NRS 607.165 or otherwise receives notification that three substantiated claims for wages have been filed against a contractor within a 2-year period, the Board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the Board. The contractor shall maintain the bond or cash deposit for the period required by the Board.
7. If a contractor who performs work concerning a residential pool or spa [:] or work concerning a residential photovoltaic system used to produce electricity:
(a) Is determined by the Board to have violated one or more of the provisions of NRS 624.301 to 624.305, inclusive;
(b) Enters into a contract [on or after July 1, 2001,] that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 624.940 or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential pool or spa;
(c) Enters into a contract on or after October 1, 2021, that is later voided by the owner of the single-family residence pursuant to subsection 6 of section 9 of this act or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; or
κ2021 Statutes of Nevada, Page 1060 (CHAPTER 227, SB 303)κ
of section 9 of this act or pursuant to any regulation adopted by the Board with respect to contracts for work concerning a residential photovoltaic system used to produce electricity; or
[(c)] (d) Has five valid complaints filed against him or her with the Board within any 15-day period,
Κ the Board may require the contractor to comply with the provisions of subsection 8.
8. If the Board requires a contractor described in subsection 7 to comply with the provisions of this subsection, the contractor shall, before commencing work concerning a residential pool or spa [,] or work concerning a residential photovoltaic system used to produce electricity, obtain:
(a) Except as otherwise provided in this subsection, a performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract. The performance bond must be solely for the protection of the owner of the property to be improved.
(b) Except as otherwise provided in this subsection, a payment bond in an amount equal to not less than 50 percent of the amount of the contract. The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his or her subcontractors, in carrying out the provisions of the contract.
Κ A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated A or better by a nationally recognized rating agency. The contractor shall maintain the bond for the period required by the Board. The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond. In lieu of a performance or payment bond, the contractor may obtain an equivalent form of security approved by the Board.
9. As used in this section, substantiated claim for wages has the meaning ascribed to it in NRS 607.165.
Sec. 16. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.
2. A conviction of a violation of NRS 624.730, or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.227, 108.245, 108.246 or 624.520.
5. Failure to comply with NRS 624.920, 624.930, 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.
6. Failure to comply with NRS 624.600.
7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
κ2021 Statutes of Nevada, Page 1061 (CHAPTER 227, SB 303)κ
8. Failure to pay an assessment required pursuant to NRS 624.470.
9. Failure to file a certified payroll report that is required for a contract for a public work.
10. Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.
11. Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 624.266.
12. Failure to provide a builders warranty as required by NRS 624.602 or to respond reasonably to a claim made under a builders warranty.
13. Failure to comply with sections 6 to 9, inclusive, of this act or any regulations of the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity.
Sec. 17. NRS 627.175 is hereby amended to read as follows:
627.175 1. Except as otherwise provided in subsection 2, the following shall not be a construction control or subject to the provisions of this chapter:
(a) A contractor licensed under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.
(b) A subcontractor licensed to do business under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.
(c) An owner-contractor paying a contractor, subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.
(d) A lender of construction loan money, provided that the lender disburses the money directly to a contractor authorized by the borrower to do the work, or disburses the money directly to the owner of the premises.
(e) A lender of construction loan money, to an owner of a residential property or to an owner of not more than four units if the loan is made to repair or improve such property and the construction costs are $10,000 or less, or 35 percent of the appraised value of the improvements and repairs, whichever is greater.
2. The provisions of this chapter apply to a contractor who is required to obtain the services of a construction control pursuant to the provisions of NRS 624.264, 624.323 or 624.960 [.] or section 13 of this act.
________
κ2021 Statutes of Nevada, Page 1062κ
Senate Bill No. 309Senator Neal
CHAPTER 228
[Approved: May 30, 2021]
AN ACT relating to Medicaid; establishing a reinvestment advisory committee in certain larger counties; requiring a reinvestment advisory committee to perform certain duties relating to the reinvestment of funds by managed care organizations that provide health care services to recipients of Medicaid; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Health and Human Services to enter into a contract with a managed care organization to provide health care services to recipients of Medicaid. (NRS 422.273) Section 3 of this bill establishes a reinvestment advisory committee in each county of this State whose population is 700,000 or more (currently Clark County). Section 3 prescribes the membership of a reinvestment advisory committee, which consists of: (1) voting members who represent the Department and certain local governmental entities and nonprofit organizations; and (2) any additional nonvoting members appointed by the Director of the Department. Section 2 of this bill defines the term reinvestment advisory committee. Section 4 of this bill prescribes certain procedural requirements governing the operations of a reinvestment advisory committee and authorizes a reinvestment advisory committee to form subcommittees. Section 5 of this bill prescribes the duties of a reinvestment advisory committee, which includes reviewing, making recommendations and reporting to the Legislature and Director of the Department concerning the reinvestment of funds by managed care organizations that provide health care services to recipients of Medicaid in the communities served by those organizations. Section 6 of this bill makes a conforming change to indicate the placement of sections 2-5 in the Nevada Revised Statutes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, reinvestment advisory committee means a reinvestment advisory committee established by section 3 of this act.
Sec. 3. 1. A reinvestment advisory committee is hereby established in each county whose population is 700,000 or more.
2. A reinvestment advisory committee consists of the following members:
(a) The Administrator, who serves as a voting member;
(b) The following voting members, appointed by the Director:
(1) The director of a social services agency of the county;
(2) A representative of the government of the county;
κ2021 Statutes of Nevada, Page 1063 (CHAPTER 228, SB 309)κ
(3) Two members who represent the government of different cities whose population is 100,000 or more that are located in the county;
(4) Two members who represent nonprofit organizations that work with recipients of Medicaid who reside in the county and receive health care services through managed care; and
(5) One member who represents the Division of Welfare and Supportive Services of the Department; and
(c) Other persons that the Director deems necessary or appropriate to serve as nonvoting members.
3. The members appointed to a reinvestment advisory committee pursuant to paragraphs (b) and (c) of subsection 2 serve at the pleasure of the Director.
4. The members of a reinvestment advisory committee serve without compensation and are not entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
5. Any member of a reinvestment advisory committee who is a public employee must be granted administrative leave from his or her duties to engage in the business of the committee without loss of his or her regular compensation. Such leave does not reduce the amount of the members other accrued leave.
Sec. 4. 1. The Director shall appoint the Chair of each reinvestment advisory committee from among its voting members.
2. A reinvestment advisory committee:
(a) Shall meet at least twice each calendar year or at the call of the Chair.
(b) May, upon the recommendation of the Chair, form subcommittees for decisions and recommendations concerning specific issues within the scope of the duties of the committee prescribed by section 5 of this act.
3. A majority of the voting members of a reinvestment advisory committee constitutes a quorum for the transaction of business, and the affirmative vote of a majority of the voting members of the committee is required to take action.
Sec. 5. 1. A reinvestment advisory committee shall:
(a) Solicit and review reports from the Division and Medicaid managed care organizations concerning the reinvestment of funds by those Medicaid managed care organizations in the communities served by the Medicaid managed care organizations.
(b) Report to the Division and Medicaid managed care organizations concerning initiatives of local governments in the county to address homelessness, housing issues and social determinants of health.
(c) Make recommendations based on the reports reviewed pursuant to paragraph (a) to the Division and Medicaid managed care organizations concerning the reinvestment of funds by those Medicaid managed care organizations in the communities served by the Medicaid managed care organizations. Those recommendations must include, without limitation, recommendations for the use of such funds for the purposes of:
(1) Developing innovative partnerships with community development organizations and providers of housing services; and
(2) Supporting the initiatives of local governments in the county to address homelessness, housing issues and social determinants of health.
κ2021 Statutes of Nevada, Page 1064 (CHAPTER 228, SB 309)κ
2. On or before December 31 of each year, a reinvestment advisory committee shall:
(a) Compile a report concerning:
(1) The uses of funds reinvested by Medicaid managed care organizations in the communities served by those Medicaid managed care organizations, including, without limitation, efforts to address homelessness, disparities in health care and social determinants of health; and
(2) The activities of the reinvestment advisory committee during the calendar year, including, without limitation, the recommendations made by the reinvestment advisory committee pursuant to paragraph (c) of subsection 1.
(b) Submit the report to:
(1) The Director of the Legislative Counsel Bureau for transmittal to:
(I) In odd-numbered years, the Legislative Committee on Health Care; and
(II) In even-numbered years, the next regular session of the Legislature.
(2) The Director of the Department.
3. As used in this section, Medicaid managed care organization means a managed care organization that provides health care services to recipients of Medicaid who reside in the county for which a reinvestment advisory committee is formed.
Sec. 6. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and sections 2 to 5, inclusive, of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
κ2021 Statutes of Nevada, Page 1065 (CHAPTER 228, SB 309)κ
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 7. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 8. This act becomes effective on January 1, 2022.
________
κ2021 Statutes of Nevada, Page 1066κ
Senate Bill No. 364Senator Scheible
CHAPTER 229
[Approved: May 30, 2021]
AN ACT relating to health care; requiring certain medical facilities to provide training relating to caring for victims of sexual assault and attempted sexual assault to employees who provide such care; requiring such facilities to provide emergency contraception to such victims upon request; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a hospital or independent center for emergency medical care to provide a victim of sexual assault or attempted sexual assault who is treated by the hospital or independent center for emergency medical care with a written and oral explanation of medically and factually accurate written information concerning emergency contraception and certain other services for victims of sexual assault and attempted sexual assault. (NRS 449.1885) Section 1 of this bill requires the State Board of Health to adopt regulations requiring a hospital or independent center for emergency medical care to provide certain training to persons who provide care to victims of sexual assault or attempted sexual assault. Section 2 of this bill requires each hospital and independent center for emergency medical care who treats a victim of sexual assault or attempted sexual assault to: (1) inform the victim of the right of the victim to receive emergency contraception; and (2) provide the victim such contraception upon request. A hospital or independent center for emergency medical care that fails to provide the training required pursuant to section 1 or comply with the requirements of section 2 would be subject to disciplinary action, including the denial, suspension or revocation of a license and various administrative sanctions. (NRS 449.160, 449.163)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
κ2021 Statutes of Nevada, Page 1067 (CHAPTER 229, SB 364)κ
(e) Regulations that prescribe the specific types of discrimination prohibited by NRS 449.101.
(f) Regulations requiring a hospital or independent center for emergency medical care to provide training to each employee who provides care to victims of sexual assault or attempted sexual assault concerning appropriate care for such persons, including, without limitation, training concerning the requirements of NRS 449.1885.
(g) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease or other severe dementia, as described in paragraph (a) of subsection 2 of NRS 449.1845.
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or registered nurse has been established that:
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
κ2021 Statutes of Nevada, Page 1068 (CHAPTER 229, SB 364)κ
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
κ2021 Statutes of Nevada, Page 1069 (CHAPTER 229, SB 364)κ
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of programs for alcohol and other substance use disorders, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. The Board shall adopt regulations applicable to providers of community-based living arrangement services which:
(a) Except as otherwise provided in paragraph (b), require a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;
(b) Exempt a person licensed or certified pursuant to title 54 of NRS from the requirements prescribed pursuant to paragraph (a) if the Board determines that the person is required to receive training and continuing education substantially equivalent to that prescribed pursuant to that paragraph;
(c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the provision of community-based living arrangement services; and
κ2021 Statutes of Nevada, Page 1070 (CHAPTER 229, SB 364)κ
(d) Require an applicant for a license to provide community-based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community-based living arrangement services for 2 months at the expense of the applicant.
12. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Sec. 2. NRS 449.1885 is hereby amended to read as follows:
449.1885 1. The Division shall establish a working group consisting of representatives of hospitals and independent centers for emergency medical care and experts in treating the effects of sexual assault and attempted sexual assault. The working group shall:
(a) Develop a document to be provided to victims of sexual assault and attempted sexual assault pursuant to subsection 3, which must consist of medically and factually accurate written information concerning:
(1) Emergency contraception and prophylactic antibiotics, including, without limitation, possible side effects of using those medications and the locations of facilities or pharmacies where those medications are available;
(2) Contact information for law enforcement agencies in this State; and
(3) Other services available to victims of sexual assault and attempted sexual assault in all regions of this State, including, without limitation, counseling, a list of clinics and other facilities that specialize in serving victims of sexual assault and a list of locations that provide testing for sexually transmitted diseases. Such information must be organized in a manner that allows a victim to easily identify the services available in his or her region of the State.
(b) Update the document as necessary.
2. The Division shall:
(a) Distribute copies of the document developed pursuant to subsection 1 to each hospital and independent center for emergency medical care located in this State; and
(b) Post the document on an Internet website maintained by the Division.
3. Each hospital or independent center for emergency medical care shall ensure that each victim of sexual assault or attempted sexual assault who is treated by the hospital or independent center for emergency medical care is provided with:
(a) A copy of the document developed pursuant to subsection 1; and
(b) An oral explanation of the information contained in the document [.] and an oral and written explanation of the provisions of subsection 4.
4. If a victim of sexual assault or attempted sexual assault who is receiving treatment at a hospital or independent center for emergency medical care requests emergency contraception, the hospital or independent center for emergency medical care shall ensure that the victim is provided all doses of emergency contraception necessary to prevent pregnancy, including, without limitation, any doses that must be self-administered after the patient leaves the hospital or independent center for emergency medical care.
5. As used in this section:
κ2021 Statutes of Nevada, Page 1071 (CHAPTER 229, SB 364)κ
(a) Emergency contraception means methods of birth control which, when administered within a specified period after intercourse, may prevent pregnancy from occurring.
(b) Sexual assault means a violation of NRS 200.366 or 200.368.
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 5. 1. This section and section 4 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2021, for all other purposes.
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Senate Bill No. 371Committee on Growth and Infrastructure
CHAPTER 230
[Approved: May 30, 2021]
AN ACT relating to motor vehicles; revising provisions governing the pilot program that the Department of Motor Vehicles is required to conduct to gather data relating to certain motor vehicles in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles to conduct a pilot program to gather data on the annual vehicle miles traveled by certain motor vehicles registered in this State. As part of the pilot program, the Department is required to gather data on mileage, type of vehicle and type of fuel system for each such motor vehicle and produce a report every 6 months for the Legislature and the respective Chairs of the Assembly and Senate Standing Committees on Growth and Infrastructure. (NRS 482.2175) Existing law requires the owners of certain motor vehicles in this State to report the mileage shown on the odometer of the motor vehicle and certain other information required by the Department at the time of initial registration, renewal of registration and transfer of registration, if applicable. (NRS 482.2177) Sections 2 and 3 of this bill remove the requirement for such reporting for recreational vehicles.
Under existing law, the Department of Motor Vehicles is prohibited from releasing personal information from a file or record relating to a drivers license or identification card or the title or registration of a motor vehicle except under certain circumstances. One such authorized disclosure under existing law is to an insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud. (NRS 481.063) Sections 1 and 2 of this bill prohibit disclosure to an insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors of information provided to the Department as part of the pilot program in connection with activities relating to the rating, underwriting, cancellation or nonrenewal of liability coverage for motor vehicles.
κ2021 Statutes of Nevada, Page 1072 (CHAPTER 230, SB 371)κ
organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors of information provided to the Department as part of the pilot program in connection with activities relating to the rating, underwriting, cancellation or nonrenewal of liability coverage for motor vehicles.
Existing law requires the Department to adopt certain regulations relating to the pilot program. (NRS 482.2175) Section 2 authorizes the Department to adopt regulations providing for an administrative fine for failure by an owner of a motor vehicle to report in a timely manner mileage and other information, if required, as part of the pilot program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.063 is hereby amended to read as follows:
481.063 1. The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
2. Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the drivers license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.
3. Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defenders office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;
(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or
(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
Κ When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.
κ2021 Statutes of Nevada, Page 1073 (CHAPTER 230, SB 371)κ
4. If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:
(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or
(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.
5. Except as otherwise provided in subsections 2, 4, 6 and 7 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
6. Except as otherwise provided in paragraph (a) and subsection 8, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a drivers license, identification card, or title or registration of a vehicle for use:
(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a drivers license, identification card, or title or registration of a vehicle.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.
(c) In connection with matters relating to:
(1) The safety of drivers of motor vehicles;
(2) Safety and thefts of motor vehicles;
(3) Emissions from motor vehicles;
(4) Alterations of products related to motor vehicles;
(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;
(6) Monitoring the performance of motor vehicles;
(7) Parts or accessories of motor vehicles;
(8) Dealers of motor vehicles; or
(9) Removal of nonowner records from the original records of motor vehicle manufacturers.
(d) [By] Except as otherwise provided in subsection 6 of NRS 482.2175, by any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.
(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.
κ2021 Statutes of Nevada, Page 1074 (CHAPTER 230, SB 371)κ
(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial drivers license who is employed by or has applied for employment with the employer.
(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.
(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.
(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.
(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.
7. Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the drivers license of the person or the title or registration of the persons vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.
8. Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:
(a) Each person to whom the information is provided; and
(b) The purpose for which that person will use the information.
Κ The record must be made available for examination by the Department at all reasonable times upon request.
9. Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular persons privacy.
10. Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.
11. The Director shall not release any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.
12. The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:
κ2021 Statutes of Nevada, Page 1075 (CHAPTER 230, SB 371)κ
requesting personal information may establish an account with the Department to facilitate the persons ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:
(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Departments files and records may be obtained and the limited uses which are permitted;
(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;
(c) Understands that a record will be maintained by the Department of any information he or she requests; and
(d) Understands that a violation of the provisions of this section is a criminal offense.
13. It is unlawful for any person to:
(a) Make a false representation to obtain any information from the files or records of the Department.
(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.
14. As used in this section:
(a) Information relating to legal presence means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the drivers license that a person possesses is a driver authorization card, whether the person applied for a drivers license pursuant to NRS 483.290 or 483.291 and the documentation used to prove name, age and residence that was provided by the person with his or her application for a drivers license.
(b) Personal information means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, drivers license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular crashes or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.
(c) Vehicle includes, without limitation, an off-highway vehicle as defined in NRS 490.060.
Sec. 2. NRS 482.2175 is hereby amended to read as follows:
482.2175 1. The Legislature hereby finds and declares that:
(a) The State faces major financial challenges to adequately fund the construction and maintenance of the highways of this State as revenues from taxes imposed on fuel, at both the state and federal level, long used to fund construction and maintenance of the highways of this State and many other states, have declined primarily because of the improved efficiency of the motor vehicles operated on the highways of this State.
(b) The Legislature must seek significant and innovative solutions in order to meet the challenges of adequately funding the construction and maintenance of the highways of this State into the future, among them the concept of basing revenue collection on the annual vehicle miles traveled by each vehicle using the highways of this State.
κ2021 Statutes of Nevada, Page 1076 (CHAPTER 230, SB 371)κ
maintenance of the highways of this State into the future, among them the concept of basing revenue collection on the annual vehicle miles traveled by each vehicle using the highways of this State.
2. The Legislature therefore directs the Department of Motor Vehicles to conduct a pilot program to gather data on annual vehicle miles traveled and other relevant information for certain motor vehicles registered in this State.
3. Upon receipt of the information obtained pursuant to NRS 482.2177, the Department shall compile the data and prepare a report on the annual vehicle miles traveled of those motor vehicles in this State required to provide odometer readings pursuant to NRS 482.2177 by categories determined by the Department, including, without limitation, the annual vehicle miles traveled by:
(a) Type of motor vehicle, including, without limitation:
(1) Passenger car;
(2) Light-duty;
(3) Heavy-duty;
(4) Motortruck;
(5) Truck-tractor; and
(6) Bus . [; and
(7) Recreational vehicle.]
(b) Weight of motor vehicle, including, without limitation:
(1) Less than 6,000 pounds;
(2) From 6,000 pounds to 8,499 pounds;
(3) From 8,500 pounds to 10,000 pounds;
(4) From 10,001 pounds to 26,000 pounds;
(5) From 26,001 pounds to 80,000 pounds; and
(6) Over 80,000 pounds.
(c) Motor vehicle fuel type or power source, including, without limitation:
(1) Compressed natural gas;
(2) Diesel;
(3) Electric;
(4) Flexible fuel E85;
(5) Flexible fuel M85;
(6) Hybrid diesel;
(7) Hybrid electric;
(8) Hybrid gasoline/gasohol;
(9) Hydrogen;
(10) Gasoline/gasohol;
(11) Liquefied natural gas; and
(12) Propane.
4. Beginning not later than December 31, 2019, the Department shall compile all the information available to produce the report required pursuant to subsection 3 every 6 months, and shall transmit the report not later than January 1 and July 1 of each year to:
(a) The Chair of the Assembly Standing Committee on Growth and Infrastructure;
(b) The Chair of the Senate Standing Committee on Growth and Infrastructure; and
κ2021 Statutes of Nevada, Page 1077 (CHAPTER 230, SB 371)κ
(c) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
5. The Department may apply for and accept gifts, grants and donations to assist with the implementation of the pilot program.
6. The Department shall not disclose any information provided to the Department pursuant to NRS 482.2177 to an insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting, cancellation or nonrenewal of insurance required by NRS 485.185.
7. The Department [shall:] :
(a) [Adopt] Shall adopt regulations which establish procedures for implementing the pilot program, including, without limitation, those procedures required for:
(1) A person to provide to the Department the mileage shown on the odometer of each vehicle and other information as required by NRS 482.2177; and
(2) Any exemptions from the requirements of NRS 482.2177 that the Department deems appropriate to avoid undue hardship for the registered owner of a motor vehicle.
(b) [Investigate] May adopt regulations providing for an administrative fine for failure to comply in a timely manner with the requirements of NRS 482.2177.
8. The Department shall investigate and, where possible, implement technology or other solutions which allow a person required to provide to the Department the mileage shown on the odometer of his or her vehicle and other information pursuant to NRS 482.2177 to provide that digitally or electronically to the Department.
Sec. 3. NRS 482.2177 is hereby amended to read as follows:
482.2177 1. Except as otherwise provided in subsection 4, upon application for the initial registration of any motor vehicle pursuant to this chapter, the applicant shall provide the Department or registered dealer the mileage shown on the odometer of the vehicle at the time of application and any other information required by the Department. Upon application for the transfer of registration pursuant to NRS 482.399 to another motor vehicle, the applicant shall provide to the Department or registered dealer the mileage shown on the odometer of the vehicle to which the registration is to be transferred at the time of application and any other information required by the Department.
2. At the time of renewal of registration of a motor vehicle pursuant to this chapter, the mileage shown on the odometer of the vehicle and any other information required by the Department must be provided to the Department as follows:
(a) If the vehicle is required upon renewal of registration to submit evidence of compliance with standards for the control of emissions pursuant to chapter 445B of NRS, the mileage shown on the odometer of the vehicle at the time of the inspection and any other information required by the Department must be noted on the evidence of compliance.
κ2021 Statutes of Nevada, Page 1078 (CHAPTER 230, SB 371)κ
(b) If the vehicle is not required upon renewal of registration to submit evidence of compliance with standards for the control of emissions pursuant to chapter 445B of NRS, the mileage shown on the odometer of the vehicle at the time of renewal and any other information required by the Department must be noted by the owner in a manner prescribed by the Department.
3. Upon the transfer of the ownership of or interest in a motor vehicle and the expiration of the registration pursuant to NRS 482.399, the holder of the original registration must provide to the Department the mileage shown on the odometer of the vehicle at the time of the transfer and any other information required by the Department in a manner prescribed by the Department.
4. The provisions of this section do not apply to a:
(a) Motorcycle or moped.
(b) Recreational vehicle.
(c) Vehicle that is exempt from registration pursuant to NRS 482.210.
[(c)] (d) Vehicle registered as a farm vehicle.
[(d)] (e) Vehicle that is registered through the Motor Carrier Division pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which has a declared gross weight in excess of 10,000 pounds.
[(e)] (f) Vehicle that has been exempted by regulations adopted pursuant to subsection [6] 7 of NRS 482.2175.
5. The Department or its agents may inspect the odometer of a vehicle for which the mileage shown on the odometer is reported pursuant to paragraph (b) of subsection 2 not more than once every 2 years to verify the mileage reported.
Sec. 4. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 5. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 6. This act becomes effective upon passage and approval and expires by limitation on December 31, 2026.
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κ2021 Statutes of Nevada, Page 1079κ
Senate Bill No. 372Committee on Health and Human Services
CHAPTER 231
[Approved: May 30, 2021]
AN ACT relating to fire; revising reporting requirements relating to the treatment of persons who sustain burn injuries; revising provisions relating to the investigation of those reports; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires every provider of health care to whom any person comes or is brought for the treatment of certain injuries related to burns to: (1) promptly report certain information to the appropriate local fire department; and (2) submit a written report on a form provided by the State Fire Marshal within 3 working days after treating that person to the appropriate local fire department in counties whose population is 45,000 or more (currently Clark, Washoe, Lyon, Elko and Douglas County and Carson City) or the State Fire Marshal in all other counties. (NRS 629.045) Section 1 of this bill limits the burn injuries that a provider of health care is required to report to only those burn injuries sustained from an open flame, explosion or flash fire. Section 1 also: (1) extends the time to submit the written report to 7 working days after treating the person; (2) requires the written report to be submitted to the appropriate local fire department only in counties who population is 100,000 or more (currently Clark and Washoe Counties) and to the State Fire Marshal in all other counties; and (3) requires the written report to be on a form approved by, rather than provided by, the appropriate local fire department or the State Fire Marshal, as applicable. Existing law requires each fire department to investigate any report received relating to the treatment of persons who sustain certain injuries related to burns to determine the origin of the fire which caused the injury. (NRS 475.125) Section 2 of this bill authorizes, rather than requires, each fire department to investigate any such report.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 629.045 is hereby amended to read as follows:
629.045 1. Every provider of health care to whom any person who sustains an injury caused by an open flame, explosion or flash fire comes or is brought for the treatment of:
(a) Second or third degree burns to 5 percent or more of the body;
(b) Burns to the upper respiratory tract or laryngeal edema resulting from the inhalation of heated air; or
(c) Burns which may result in death,
Κ shall promptly report that information to the appropriate local fire department.
2. The report required by subsection 1 must include:
κ2021 Statutes of Nevada, Page 1080 (CHAPTER 231, SB 372)κ
(a) The name and address of the person treated, if known;
(b) The location of the person treated; and
(c) The character and extent of the injuries.
3. A person required to make a report pursuant to subsection 1 shall, within [3] 7 working days after treating the person, submit a written report to:
(a) The appropriate local fire department in counties whose population is [45,000] 100,000 or more; or
(b) The State Fire Marshal in counties whose population is less than [45,000.] 100,000.
Κ The report must be on a form [provided] approved by the appropriate local fire department or the State Fire Marshal [.] , as applicable.
4. A provider of health care and his or her agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section or any consequential damages.
Sec. 2. NRS 475.125 is hereby amended to read as follows:
475.125 Each fire department [:] may investigate:
1. [May investigate the] The cause, origin and circumstances of each fire which occurs within its jurisdiction and which results in the destruction of or damage to property, loss of life, or injury to any person.
2. [Shall investigate any] Any report received pursuant to NRS 629.045 to determine the origin of the fire which caused the injury.
Sec. 3. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
________